FIFTH SECTION
CASE OF PADALKA AND OTHERS v. UKRAINE
(Application no. 45465/16 and 4 others –
see appended list)
JUDGMENT
STRASBOURG
16 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Padalka and Others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Carlo Ranzoni, President,
Lado Chanturia,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 12 October 2023,
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 Ukrainian Government (“the Government”) were given notice of the applications. The Government objected to the examination of applications nos. 45465/16, 48350/16 and 69526/16 by a Committee. Having considered the Government’s objection, the Court rejects it.
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. Some applicants also raised other complaints under the provisions of the Convention.
THE LAWJOINDER 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.ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION
6. The applicants complained principally 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.
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 of Karnaushenko v. Ukraine (no. 23853/02, 30 November 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 justifying the overall length of the proceedings at the national level. 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 in respect of these complaints.
11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 and of Article 13 of the Convention.REMAINING COMPLAINTS
12. In applications nos. 45465/16, 48350/16 and 69526/16, the applicants also raised other complaints under various Articles of the Convention.
13. The Court has examined the applications 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.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, Karnaushenko, cited above, §§ 70 and 75), the Court considers it reasonable to award the sums indicated in the appended table and rejects any additional claims for just satisfaction raised by the applicants in applications nos. 45465/16, 48350/16 and 69526/16.
FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications;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 applications nos. 45465/16, 48350/16 and 69526/16 inadmissible;Holds that these complaints disclose a breach of Article 6 § 1 and Article 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law;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
(c) Dismisses the remainder of the applicants’ claim for just satisfaction in applications nos. 45465/16, 48350/16 and 69526/16.
Done in English, and notified in writing on 16 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy 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’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length Levels of jurisdiction
Amount awarded for pecuniary and non-pecuniary damage per applicant
(in euros)[1]
45465/16
29/07/2016
Andriy Mykolayovych PADALKA
1979
Avramenko
Gennadiy Mykolayovych
Chernigiv
26/11/2014
01/12/2020
6 years and
6 days
3 levels of jurisdiction
500
48350/16
09/08/2016
Igor Oleksiyovych PROTSENKO
1972
Avramenko
Gennadiy Mykolayovych
Chernigiv
25/12/2014
27/04/2023
8 years and
4 months and 3 days
3 levels of jurisdiction
1,200
69526/16
16/11/2016
Volodymyr Vasylyovych POBEREZHNYY
1975
Avramenko
Gennadiy Mykolayovych
Chernigiv
24/11/2014
10/08/2023
8 years and
8 months and 18 days
3 levels of jurisdiction
1,800
786/22
17/12/2021
Tetyana Oleksandrivna MURAVEYSKA
1987
Sulyma
Vadym Volodymyrovych
Mykolayiv
27/06/2018
13/04/2023
4 years and
9 months and 18 days
2 levels of jurisdiction
1,200
19629/22
30/03/2022
Lyubov Teodorivna DZYUBYNSKA
1968
30/09/2013
27/10/2021
8 years and
28 days
3 levels of jurisdiction
1,200
[1] Plus any tax that may be chargeable to the applicants.
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