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TROTSENKO AND BUROV v. UKRAINE

Doc ref: 33466/08;4840/09 • ECHR ID: 001-171205

Document date: January 12, 2017

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TROTSENKO AND BUROV v. UKRAINE

Doc ref: 33466/08;4840/09 • ECHR ID: 001-171205

Document date: January 12, 2017

Cited paragraphs only

FIFTH SECTION

DECISION

Application s no s . 33466/08 and 4840/09 Oleg Volodymyrovych TROTSENKO against Ukraine and Sergey Petrovich BUROV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 12 January 2017 as a Committee composed of:

Erik Møse , President, Yonko Grozev , Mārtiņš Mits , judges,

and Karen Reid , Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations submitted in reply,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and the relevant details of the application s are set out in the appended table.

The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) . In application no. 4840/09 the applicant also raised other complaints under the provisions of the Convention.

THE LAW

A. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

B. Complaints under Articles 6 § 1 and 13 of the Convention ( excessive length of civil proceedings and lack of any effective remedy in domestic law )

The Court, having examined all the materials submitted to it and having regard to its case-law on the subject, considers that the applicants ’ complaints under this head are inadmissible since the length of the proceedings was not excessive or unreasonable (see, Yuryeva and Yuryev v. Ukraine , no. 3431/03, § 43, 31 July 2012).

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

C. Remaining complaints

In application no. 4840/09 the applicant also raised other complaints under the provisions of the Convention.

The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention .

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the application s inadmissible.

Done in English and notified in writing on 2 February 2017 .

Karen Reid Erik Møse Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

( excessive length of civil proceedings and lack of any effective remedy in domestic law)

No.

Application no.

Date of introduction

Applicant name

Date of birth

Start of proceedings

End of proceedings

Total length

Level of jurisdiction

33466/08

04/07/2008

Oleg Volodymyrovych TROTSENKO

14/04/1957

10/06/2005

12/11/2007

2 years, 5 months and 3 days

3 levels of jurisdiction

4840/09

25/12/2008

Sergey Petrovich BUROV

18/05/1957

28/11/2002

18/06/2008

5 years, 6 months and 22 days

3 levels of jurisdiction

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