LOGUSHEVA AND OTHERS v. UKRAINE
Doc ref: 42819/09;46757/09;16214/10 • ECHR ID: 001-170150
Document date: December 1, 2016
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FIFTH SECTION
DECISION
Application no. 42819/09 Natalya Anatoliyivna LOGUSHEVA against Ukraine and 2 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 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”) . The applicant in application no. 42819/09 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
In application no. 42819/09, the applicant also raised other complaints under various articles 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 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
42819/09
27/07/2009
Natalya Anatoliyivna LOGUSHEVA
04/04/1963
03/04/2002
05/07/2005
22/09/2006
23/09/2002
25/07/2005
09/02/2009
5 months and 21 days
3 levels of jurisdiction
21 days
3 levels of jurisdiction
2 years, 4 months and 19 days
3 levels of jurisdiction
46757/09
25/08/2009
(5 applicants)
Aleksandr Petrovich DOROSHENKO
25/12/1957
Ivan Timofeyevich LADYUK
25/05/1948
Igor Petrovich POGASIY
15/11/1963
Vitaliy Vladimirovich SAVCHENKO
26/11/1961
Igor Ivanovich SHULGA
02/10/1965
20/05/2005
02/09/2010
5 years, 3 months and 14 days
3 levels of jurisdiction
16214/10
01/03/2010
Vyacheslav Vasylyovych BEZHAN
03/07/1962
23/07/2003
25/01/2005
14/07/2008
26/07/2004
26/04/2005
09/09/2009
1 year and 4 days
1 level of jurisdiction
3 months and 2 days
1 level of jurisdiction
1 year, 1 month and 27 days
1 level of jurisdiction