DYOMINA AND OTHERS v. UKRAINE
Doc ref: 56042/07;753/08;9851/08;20369/08;59448/08;8649/09;18435/09;48227/10;74637/10;63025/15 • ECHR ID: 001-170471
Document date: December 15, 2016
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 1
FIFTH SECTION
DECISION
Application no. 56042/07 Mariya Petrovna DYOMINA against Ukraine and 9 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 15 December 2016 as a Committee composed of:
Khanlar Hajiyev, President, Faris Vehabović, Carlo Ranzoni, judges,
and Hasan Bakırcı, Deputy 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 in reply submitted by some of the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s 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”) . Some applicants 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 (see, for example, Yuryeva and Yuryev v. Ukraine , no. 3431/03, § 43, 31 July 2012) , considers that the applicants ’ complaints under this head are inadmissible since the length of the proceedings was not excessive or unreasonable. It further notes that in applications nos. 9851/08, 48227/10 and 63025/15 the applicants ’ complaints have been introduced out of time.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 1, 3 and 4 of the Convention.
C. Remaining complaints
Some applicants also raised other complaints under various articles of the Convention.
The Court has examined the applications listed in the appended table 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 applications 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 12 January 2017 .
Hasan Bakırcı Khanlar Hajiyev Deputy 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
56042/07
04/12/2007
Mariya Petrovna DYOMINA
01/01/1929
02/02/2003
29/01/2008
4 years, 11 months and 28 days
3 levels of jurisdiction
753/08
29/11/2007
Valeriy Nikolayevich BONDAR
26/04/1954
31/07/2001
10/02/2003
31/10/2002
04/07/2007
1 year, 3 months and 1 day
3 levels of jurisdiction
4 years, 4 months and 25 days
3 levels of jurisdiction
9851/08
19/02/2008
Mykola Vasylyovych MAZURKEVYCH
14/06/1941
11/09/1997
26/02/2004
6 years, 5 months and 16 days
3 levels of jurisdiction
20369/08
12/04/2008
Valentyna Vasylivna LUKIYENKO
28/03/1982
30/11/2001
19/06/2006
14/05/2002
09/02/2008
5 months and 15 days
3 levels of jurisdiction
1 year, 7 months and 22 days
3 levels of jurisdiction
59448/08
22/11/2008
Boguslav Stanislavovych SKOKOVSKYY
27/05/1952
26/09/2002
02/06/2008
5 years, 8 months and 8 days
3 levels of jurisdiction
8649/09
04/02/2009
Petro Ivanovych YAREMA
26/06/1960
19/02/2003
11/12/2008
5 years, 9 months and 23 days
3 levels of jurisdiction
18435/09
27/02/2009
Lidiya Panteleyevna DERKACH
01/07/1950
21/01/2002
18/05/2007
5 years, 3 months and 28 days
3 levels of jurisdiction
48227/10
07/08/2010
Mykola Pavlovych LOZOVYY
15/05/1947
20/06/2002
29/10/2008
6 years, 4 months and 10 days
3 levels of jurisdiction
74637/10
07/12/2010
Svitlana Oleksandrivna BUDYNSKA
19/08/1938
31/05/2006
09/06/2010
4 years and 10 days
3 levels of jurisdiction
63025/15
20/01/2016
Oleg Oleksandrovych VITYUTNEV
30/03/1975
01/02/2008
21/05/2015
7 years, 3 months and 21 days
3 levels of jurisdiction