DEREVYANKO AND OTHERS v. UKRAINE
Doc ref: 31386/05;28938/06;50428/06;42025/07;18266/08;3469/10;74269/11 • ECHR ID: 001-168083
Document date: September 29, 2016
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FIFTH SECTION
DECISION
Application no. 31386/05 Olga Andreyevna DEREVYANKO against Ukraine and 6 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 29 September 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 for the following reasons: in application no. 74269/11 the proceedings in question concern neither the criminal charge against the applicant, nor his civil rights (see, mutatis mutandis , Garimpo v. Portugal , no. 66752/01, (dec.), 10 June 2004); applications nos. 18266/08 and 3469/10 were introduced out of time and in applications nos. 31386/05, 28938/06, 50428/06, and 42025/07 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 §§ 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 20 October 2016 .
Hasan Bakırcı Khanlar Hajiyev Deputy Registrar President
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Start of proceedings
End of proceedings
Total length
Level of jurisdiction
31386/05
16/08/2005
Olga Andreyevna DEREVYANKO
09/04/1955
11/11/2002
20/12/2007
5 years, 1 month and 10 days
3 levels of jurisdiction
28938/06
05/07/2006
Viktor Mykolayovych KIRYANOV
01/01/1950
01/09/2000
25/10/2005
5 years, 1 month and 25 days
3 levels of jurisdiction
50428/06
12/10/2006
Svitlana Mykolayivna ZHELEZNOVA
28/10/1948
Applicant died on 21/12/2012.
Her husband, Stanislav Arsentiyovich ZHELEZNOV, has the quality of heir.
28/08/2001
30/12/2004
29/11/2006
14/03/2007
5 year s , 3 months and 2 days
3 levels of jurisdiction
2 years, 2 months and 15 day s
3 levels of jurisdiction
42025/07
25/09/2007
Viktor Vasilyevich SEVASTYANOV
06/08/1937
29/10/2001
04/07/2007
5 year s, 8 months and 6 days
3 levels of jurisdiction
18266/08
01/04/2008
Aleksey Valentinovich YANKOVSKIY
27/04/1975
11/09/1997
12/07/2007
9 years, 10 months and 2 days
3 levels of jurisdiction
3469/10
01/12/2009
Lidiya Yakovlevna NECHAY
10/09/1959
Sergey G ennadyevich Kozlov
Sevastopol
26/01/2001
31/05/2007
6 year s, 4 months and 6 days
3 levels of jurisdiction
74269/11
25/11/2011
Valentyn Vasylyovych BEREZYNETS
10/04/1944
12/09/2003
24/05/2011
7 years, 8 months and 13 days
3 levels of jurisdiction