FIFTH SECTION
DECISION
Application no. 12795/14
Ivan Ivanovich BEZVULYAK against Ukraine
and 2 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 15 February 2018 as a Committee composed of:
André Potocki, President,
Síofra O’Leary,
Mārtiņš Mits, judges,
and Liv Tigerstedt, Acting 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 some of the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and the relevant details of the applications 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”). In application no. 33598/17 the applicant 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 the 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 since the length of the proceedings was not excessive or unreasonable (see, Yuryeva and Yuryev v. Ukraine, no. 3431/03, § 43, 31 July 2012).
Furthermore, in application no. 12795/14 the proceedings in the applicant’s case were finalised by the decision of the High Administrative Court of Ukraine of 23 November 2010. In June 2014 the applicant sought review of this decision by the Supreme Court of Ukraine under the changes introduced to the Administrative Justice Code of Ukraine on 14 March 2014. On 10 June 2014 the Supreme Court of Ukraine rejected the applicant’s request stating that the court decisions adopted before 14 March 2014 were not subject to review. Consequently, the request for review lodged by the applicant in the present case could not be considered as a part of an ordinary procedure of examination of his claim. The Court therefore considers that application no. 12795/14 was introduced out of time.
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
The applicant in application no. 33598/17 also raised other complaints under various articles of the Convention.
The Court has examined the application 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 application 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 applications inadmissible.
Done in English and notified in writing on 8 March 2018.
Liv TigerstedtAndré Potocki
Acting Deputy RegistrarPresident
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
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
12795/14
03/02/2014
Ivan Ivanovich Bezvulyak
27/06/1961
09/02/2007
23/11/2010
3 years, 9 months and 15 days
3 levels of jurisdiction
15308/14
24/03/2014
Oleksandr Ivanovych Shtepa
04/04/1951
26/03/2008
30/01/2012
19/07/2011
03/02/2014
3 years, 3 months and 24 days
3 levels of jurisdiction
2 years and 5 days
3 levels of jurisdiction
33598/17
26/04/2017
Dmytro Stepanovych Babidorych
09/10/1936
22/07/2009
05/02/2015
5 years, 6 months and 15 days
3 levels of jurisdiction
Full & Egal Universal Law Academy