CASE OF PAVLOV AND OTHERS v. UKRAINE
Doc ref: 8237/06, 18036/08, 57511/09, 22809/12, 54439/12, 62350/12, 75716/12, 78970/12, 80842/12, 8362/13, 23... • ECHR ID: 001-158535
Document date: November 5, 2015
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FIFTH SECTION
CASE OF PAVLOV AND OTHERS v. UKRAINE
( Application no. 8237/06 and 1 3 other applications –
see appended table )
JUDGMENT
STRASBOURG
5 November 2015
This judgment is final but it may be s ubject to editorial revision.
In the case of Pavlov and O thers v. Ukraine ,
The European Court of Human Rights ( Fifth Section ), sitting as a Committee composed of:
Angelika Nußberger , President, Ganna Yudkivska , Vincent A. D e Gaetano, judges , and Karen Reid , Section Registrar ,
Having deliberated in private on 15 October 2015 ,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1 . The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2 . The applications were communicated to the Ukrainian Government (“the Government”).
THE FACTS
3 . The list of applicants and the relevant details of the applications are set out in the appended table.
4 . The applicants complained of the excessive length of civil proceedings and of the lack of any effective remedy in domestic law . In some of the applications, the applicants also raised complaints under other provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5 . Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION
6 . The applicants complained that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement and that they had no effective remedy in this connection . They relied on Article 6 § 1 and Article 13 of the Convention, which read as follows:
Article 6 § 1
“ In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ... ”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
7 . The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).
8 . In the leading case s of Svetlana Naumenko v. Ukraine, no. 41984/98, 9 November 2004 , and Efimenko v. Ukraine, no. 55870/00, 18 July 2006 , the Court already found a violation in respect of issues similar to those in the present case .
9 . Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement .
10 . The Court further notes that the applicants did not have at their disposal an effective remedy by which to submit their length-of-proceedings complaints.
11 . These complaints are therefore admissible and disclose a breach of Article 6 § 1 and of Article 13 of the Convention.
III. REMAINING COMPLAINTS
12 . Some applicants raised other complaints under various Articles of the Convention.
13 . 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 do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or the Protocols thereto.
It follows that this part of the application s is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION
14 . Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
15 . Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Svetlana Naumenko v. Ukraine, no. 41984/98, §§ 109 and 112, 9 November 2004) , the Court considers it reasonable to award the sums indicated in the appended table.
16 . The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT , UNANIMOUSLY,
1. Dec ide s to join the applications;
2. Declares the complaints concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law admissible, and the remainder of the applications inadmissible ;
3. Holds that there has been a violation of Article 6 § 1 and Article 13 of the Convention;
4. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table , to be converted into the currency of the respondent State at the rate applicable at the date of settlement ;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 5 November 2015 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Karen Reid Angelika Nußberger 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 /
Representative name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant / household
(in euros) [1]
8237/06
18/02/2006
Vasiliy Valisyevich PAVLOV
27/10/1942
01/04/2004
26/01/2010
5 years and 10 months
3 levels of jurisdiction
500
18036/08
03/04/2008
Anatoliy Oleksandrovych ZELENENKYY
04/08/1957
11/09/1997
04/09/2006
9 years
3 levels of jurisdiction
1,300
57511/09
20/10/2009
Viktor Grigoryevich DUPAK
24/05/1955
01/07/1999
30/06/2009
10 years
3 levels of jurisdiction
2,400
22809/12
09/04/2012
Grygoriy Viktorovych KRAMAR
28/01/1969
01/05/1999
28/10/2011
12 years and 6 months
3 levels of jurisdiction
3,600
54439/12
07/08/2012
Lidiya Zosimovna SIMENICHENKO
28/04/1945
01/06/1999
15/02/2012
12 years and 8 months
3 levels of jurisdiction
5,500
62350/12
21/09/2012
Raisa Timofeyevna RUSSAKOVA
17/12/1939
24/05/1999
12/11/2008
20/12/2003
07/02/2012
4 years and
7 months
3 levels of jurisdiction
3 years and
3 months
3 levels of jurisdiction
1,200
75716/12
21/11/2012
Vladimir Grigoryevich POUKH
10/09/1946
06/03/2006
01/06/2012
6 years and
3 months
3 levels of jurisdiction
600
78970/12
28/11/2012
Grigoriy Nikolayevich SHEVCHENKO
15/01/1949
28/04/2005
05/07/2012
7 years and
2 months
3 levels of jurisdiction
1,200
80842/12
01/12/2012
Sergiy Anatoliyovych DANILOV
03/03/1956
03/04/2006
25/02/2013
6 years and 11 months
2 levels of jurisdiction
1,300
8362/13
24/01/2013
Larysa Pavlivna CHORNA
18/11/1956
Aleksandr Anatolyevich SHYYAN
02/03/1977
Yakymenko Sergiy Georgiyovych
Kryvyy Rig
01/01/2007
04/02/2013
6 years and
1 month
3 levels of jurisdiction
500
23815/13
12/11/2012
Volodymyr Volodymyrovych PAVLIV
13/08/1952
25/10/2005
22/05/2012
6 years and
7 months
3 levels of jurisdiction
600
31335/13
19/04/2013
Borys Oleksiyovych NIKOLENKO
05/04/1938
13/04/2004
29/10/2012
8 years and
7 months
3 levels of jurisdiction
1,800
36794/13
20/05/2013
Tatyana Valentinovna NALIVAYKO
07/05/1961
07/02/2005
28/11/2012
7 years and 10 months
3 levels of jurisdiction
800
69357/13
24/10/2013
Nataliya Leontiyivna TARAN
18/06/1962
06/01/2004
27/03/2013
9 years and
3 months
3 levels of jurisdiction
1,300
[1] Plus any tax that may be chargeable to the applicants.