MALITSKAYA AND OTHERS v. UKRAINE
Doc ref: 15962/07;51907/07;20387/09;25898/15 • ECHR ID: 001-170139
Document date: December 1, 2016
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FIFTH SECTION
DECISION
Application no. 15962/07 Lora Pavlovna MALITSKAYA against Ukraine and 3 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 1 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,
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, 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.
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
The applicants in applications nos. 15962/07 and 51907/07 also raised other complaints under various articles of the Convention.
The Court has examined the applications 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 20 December 2016 .
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
15962/07
26/03/2007
Lora Pavlovna MALITSKAYA
10/10/1948
31/07/2001
29/09/2006
5 years, 1 month and 30 days
3 levels of jurisdiction
51907/07
14/11/2007
Anatoliy Klymentiyovych PINKAS
01/05/1939
06/07/2004
15/10/2007
3 years, 3 months and 10 days
3 levels of jurisdiction
20387/09
26/03/2009
Mykola Trokhymovych USTYMENKO
26/12/1930
21/02/2003
01/10/2008
5 years, 7 months and 11 days
3 levels of jurisdiction
25898/15
13/05/2015
Nina Ivanivna FISUN
25/07/1949
17/07/2009
24/04/2015
5 years, 9 months and 8 days
3 levels of jurisdiction