Published on 6 April 2021

FIFTH SECTION

Application no. 47515/13 Oleksandr Oleksiyovych SHAKHOV against Ukraine and 6 other applications (see list appended) communicated on 18 March 2021

SUBJECT MATTER OF THE CASE

The applications principally concern the applicants ’ allegations under Article 5 § 3 of the Convention that the domestic courts, when ordering or extending the applicants ’ detention on remand, did not provide sufficient reasoning for that detention and, in particular, set an amount for bail which was excessive and disproportionate to their financial situation.

Some of the applications, as specified in the appendix, also raise the following issues: the alleged unlawfulness of the applicants ’ arrest by the law-enforcement bodies or by the court, the allegedly unreasonable duration of the applicants ’ detention, the alleged absence of a right to compensation for the applicant ’ s unlawful deprivation of liberty, and the allegedly unreasonable duration of the criminal proceedings against the applicant.

QUESTION TO THE PARTIES AS REGARDS ALL THE APPLICATIONS

Was the applicants ’ pre-trial detention free from arbitrariness and based on sufficient reasons for the purposes of Article 5 § 3 of the Convention (see, for instance, Buzadji v. the Republic of Moldova [GC], no. 23755/07 , §§ 84 et seq. , ECHR 2016 (extracts) and Ignatov v. Ukraine , no. 40583/15, §§ 34-37, 15 December 2016) ? In particular , was the amount of bail set in accordance with the above provision (see Mangouras v. Spain [GC], no. 12050/04, §§ 78-81, ECHR 2010)?

ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 9655/18

Was the applicant ’ s detention, based on the arrest report of 24 May 2017, in breach of Article 5 § 1 of the Convention (see Strogan v. Ukraine , no. 30198/11, §§ 85-89, 6 October 2016)?

ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 18336/19

Was the applicant deprived of his liberty on 19 February 2019 in breach of Article 5 § 1 of the Convention, regard being had to the reasonableness of the grounds given by the court to justify his detention (see, e.g., Khayredinov v. Ukraine , no. 38717/04 , §§ 27-31, 14 October 2010)?

ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATIONS NOS. 47515/13 and 74633/17

Was the applicants ’ detention compatible with the “reasonable time” requirement as provided by Article 5 § 3 of the Convention? (see, for instance, and Ignatov v. Ukraine , no. 40583/15, § 40, 15 December 2016) ?

ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 43254/18

Did the applicant have an effective and enforceable right to compensation for alleged violation of Article 5 § 3, as required by Article 5 § 5 of the Convention (see, for example, Korneykova v. Ukraine , no. 39884/05, §§ 79-82, 19 January 2012, and Taran v. Ukraine , no. 31898/06 , §§ 87-90, 17 October 2013 )?

ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATION NO. 47515/13

Was the length of the criminal proceedings in the above case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see, for example, Merit v. Ukraine , no. 66561/01, § 72, 30 March 2004)?

APPENDIX

No.

Application no.

Lodged on

Applicant

Year of birth

Place of residence

Nationality

Represented by

Court decision determining the bail

Additional complaints to be communicated

1

47515/13

08/07/2013

Oleksandr Oleksiyovych SHAKHOV

1971Kyiv

Russian

Viktor Viktorovych GRYTSYUK

Podilskyi District Court of Kyiv of 28 February 2013

Article 5 § 3 – excessive length of pre-trial detention (from 9 October 2008 to 11 April 2016)

Article 6 § 1 – unreasonable length of the criminal proceedings against the applicant (pending since February 2006, approximately 15 years in 1 instance)

2

37822/16

17/06/2016

Vyacheslav Yuriyovych ZAIKIN

1981Mostyska

Ukrainian

Valeriy Stepanovych MATSEPURA

Shevhenkivskyi District Court of Lviv of 11 February 2016, as amended by the Lviv Regional Court of Appeal on 19 February 2016

3

74633/17

10/10/2017

Andriy Mykolayovych SURZHAN

1985Syevyerodonetsk

Ukrainian

Nataliya Gennadiyivna OKHOTNIKOVA

Rubizhne Local Court of 10 October 2015

Article 5 § 3 – excessive length of pre-trial detention (from 8 October 2015 to 13 April 2017)

4

9655/18

12/02/2018

Igor Grygorovych BONDARENKO

1966Kyiv

Ukrainian

Oleksandr Leonidovych DULSKYY

Pecherskyi District Court of Kyiv of 25 May 2017

Article 5 § 1 – arrest on 24 May 2017 without prior court decision in breach of the requirements of domestic law

5

13754/18

12/03/2018

Yaroslav Aleksandrovich GULYY

1986Dnipro

Ukrainian

Oksana Vladimirovna PREOBRAZHENSKAYA

Zhovtnevyi District Court of Dnipropetrovsk of 8 September 2017, as amended by the Dnipropetrovsk Regional Court of Appeal on 15 September 2017

6

43254/18

28/08/2018

Mylan Yuriyovych SIDAK

1982Shevchenkove

Ukrainian

Kostyantyn Kostyantynovych DOROSHENKO

Obolonskyi District Court of Kyiv of 2 April 2018

Article 5 § 5 – absence of an effective and enforceable right to compensation for alleged violation of Article 5 § 3 as required by Article 5 § 5

7

18336/19

18/03/2019

Oleksiy Anatoliyovych OMELYANENKO

1973Kyiv

Ukrainian

Oleksandr Leonidovych DULSKYY

Pecherskyi District Court of Kyiv of 19 February 2019

Article 5 § 1 – arrest by the court on 19 February 2019 without relevant justification