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YURCHENKO AND OTHERS v. UKRAINE

Doc ref: 36102/07;43816/07;51770/08;48971/13 • ECHR ID: 001-169264

Document date: November 3, 2016

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YURCHENKO AND OTHERS v. UKRAINE

Doc ref: 36102/07;43816/07;51770/08;48971/13 • ECHR ID: 001-169264

Document date: November 3, 2016

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 36102/07 Stepan Ivanovych YURCHENKO against Ukraine and 3 other applications (see list appended)

The European Court of Human Rights (Fifth Section), sitting on 3 November 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 parties,

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”) . 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, 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 must be rejected in accordance with Article 35 §§ 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 24 November 2016 .

Hasan Bakırcı Khanlar Hajiyev              Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant name

Date of birth

Start of proceedings

End of proceedings

Total length

Level of jurisdiction

36102/07

02/08/2007

Stepan Ivanovych YURCHENKO

10/12/1959

07/11/2002

19/09/2007

4 years, 10 months and 13 days

3 levels of jurisdiction

43816/07

09/03/2007

Aleksey Leontyevich BONDAR

07/05/1959

22/12/2003

27/06/2007

3 years, 6 months and 6 days

3 levels of jurisdiction

51770/08

17/10/2008

Petr Vasilyevich VINOGRADCHIY

11/01/1946

18/02/1999

11/11/2003

19/10/1999

21/04/2008

8 months and 2 days

3 levels of jurisdiction

4 years, 5 months and 11 days

3 levels of jurisdiction

48971/13

24/07/2013

Yuriy Volodymyrovych KOVALYOV

31/10/1970

28/08/2007

25/01/2013

5 years, 4 months and 29 days

3 levels of jurisdiction

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