ZYMNYA AND OTHERS v. UKRAINE
Doc ref: 1302/19 • ECHR ID: 001-204714
Document date: August 26, 2020
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Communicated on 26 August 2020 Published on 14 September 2020
FIFTH SECTION
Application no. 1302/19 Svitlana Leonidivna ZYMNYA and Others against Ukraine lodged on 5 December 2018
SUBJECT MATTER OF THE CASE
The application concerns proceedings instituted in October 2006 by the applicants, the list of which is set out in the appendix, challenging the results of a public auction, ordered by the bailiffs, on which parts of a dormitory building where the applicants resided were sold to third persons in the course of the enforcement proceedings. The applicants argued that they had a right to reside in the rooms in the dormitory building and as a result of the sale they could not use the shared premises (toilets, bathrooms etc. located in the corridors). On 11 June 2018 the Supreme Court upheld the decisions of the lower courts having found against the applicants. The courts found that the shared premises of the dormitory building had not been sold and following the change of ownership of the dormitory building the applicants had continued to reside there and use its shared premises without any obstruction. The courts further acknowledged that the sale of the property not partitioned in kind had been contrary to the law, however, the applicants not being a party to the enforcement proceedings were not in a position to challenge the bailiffs ’ actions.
Relying in substance on Article 6 and on Article 13 of the Convention the applicants complain 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.
QUESTIONS TO THE PARTIES
Was Article 6 § 1 of the Convention applicable to the proceedings in the present case? If so:
(a) Was the length of the proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
(b) Did the applicants have at their disposal effective domestic remedies for their complaint under Article 6 § 1, as required by Article 13 of the Convention?
APPENDIX
No.
Applicant ’ s Name
Birth date
Nationality
Place of residence
1Svitlana Leonidivna ZYMNYA
27/05/1965
Ukrainian
Mykolayiv
2Svitlana Leonidivna BONDARENKO
17/09/1963
Ukrainian
Mykolayiv
3Natalya Oleksandrivna GONCHAROVA
07/06/1960
Ukrainian
Mykolayiv
4Sergiy Mykolayovych LOSKUTOV
23/11/1956
Ukrainian
Mykolayiv
5Oleksandr Mykolayovych SAVUN
29/06/1968
Ukrainian
Mykolayiv
6Galyna Volodymyrivna SPIRKACH
25/08/1960
Ukrainian
Mykolayiv
7Alevtyna Gennadiyivna SYDORKINA
14/11/1961
Ukrainian
Mykolayiv
8Ganna Pavlivna TKACHUK
29/12/1963
Ukrainian
Mykolayiv
9Lyubov Ivanivna TOROVETS
04/02/1963
Ukrainian
Mykolayiv