THIRD SECTION

DECISION

Application no. 33589/05 Aleksandr Aleksandrovich SHANSKOV against Russia and 4 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 30 June 2016 as a Committee composed of:

Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda, 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 the applicants,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant and the relevant details of the application s are set out in the appended table.

The applicants ’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings and Article 13 of the Convention concerning the existence of effective domestic remedies to complain about the length of civil proceedings were communicated to the Russian Government (“the Government”) . The 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 Article 6 § 1 of the Convention ( excessive length of civil proceedings )

In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for delays which occurred in the process of the examination of the applicants ’ civil cases.

In particular, the Court notes that having regard to the overall length of the proceedings, the relevant complexity of the cases, the applicants ’ conduct and that of the authorities, including the diligence they displayed while dealing with the cases, and the levels of jurisdiction involved, the length of the proceedings was not excessive and met the “reasonable time” requirement (see, among other authorities, Vasilchenko v. Russia , no. 34784/02, §§ 41-43, 23 September 2010; Danilina v. Russia (dec.), no. 5727/04, 11 March 2010; Kuznetsova v. Russia (dec.), no. 9839/03, 24 May 2007; Antonov v. Russia (dec.), no. 38020/03, 3 November 2011; Markin v. Russia (dec.), no. 59502/00, 16 September 2004; and Kuznetsov v. Russia (dec.), no. 73994/01, 17 June 2004).

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. Complaints under Article 13 of the Convention (lack of an effective remedy to complain about the excessive length of the proceedings)

The applicants also complained that they did not have at their disposal an effective remedy to complain about the excessive length of the proceedings in their civil cases. The Court reiterates in this respect that this provision only applies to those with an arguable claim under the Convention (see Silver and Others v. the United Kingdom , 25 March 1983, § 113, Series A no. 61). Given that the applicants ’ complaint under Article 6 was rejected for being manifestly ill-founded, the complaint under Article 13 should also be declared manifestly ill-founded and rejected under Article 35 §§ 3 and 4 of the Convention.

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.

D. Remaining complaints

The applicants also raised other complaints under various provisions 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 21 July 2016 .

Hasan Bakırcı Helena Jäderblom              Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant name

Date of birth/Date of registration

Representative name and location

Start of proceedings

End of proceedings

Total length Level of jurisdiction

Other complaints under

well-established case-law

33589/05

15/08/2005

Aleksandr Aleksandrovich SHANSKOV

24/10/1971

Vereshchagina Natalya Mikhaylovna

Moscow

19/04/2001

24/02/2005

3 year(s) and

10 month(s) and 6 day(s)

2 level(s) of jurisdiction

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings

22753/06

12/05/2006

(4 applicants)

Lyudmila Fedorovna BAL

22/05/1951

Sergey Olegovich BAL

19/05/1950

Natalya Sergeyevna BAL

22/08/1972

Andrey Sergeyevich BAL

01/02/1976

Sivoldayev Ilya Vladimirovich

Voronezh

10/12/2001

24/11/2005

3 year(s) and

11 month(s) and 15 day(s)

2 level(s) of jurisdiction

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings

26337/06

29/04/2006

Nikolay Vladimirovich SOROKIN

04/06/1939

04/10/2004

14/03/2006

1 year(s) and 5 month(s) and 11 day(s) 1 level(s) of jurisdiction

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings

2737/07

23/11/2006

Natalya Vladimirovna ANDRUSENKO

03/05/1984

GORBUNOVA

Lyubov Petrovna

Omsk

27/04/2004

23/05/2006

28/12/2005

06/09/2006

1 year(s) and 8 month(s) and 2 day(s) 2 level(s) of jurisdiction

3 month(s) and 15 day(s)

2 level(s) of jurisdiction

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings

12238/07

14/02/2007

Aleksandr Mikhaylovich LEBEDEV

23/09/1961

01/12/2004

02/10/2008

3 year(s) and 10 month(s) and 2 day(s) 2 level(s) of jurisdiction

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings