FIFTH SECTION
DECISION
Applications nos. 10152/10 and 22398/14
Vladyslav Yakovych CHAYKOVSKYY against Ukraine
and Volodymyr Vitaliyovych BIDUKHA against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 7 December 2017 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 the second applicant,
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”).
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. The locus standi of Ms Galina Vladislavovna Borshchenko
As concerns the complaints raised by the applicant in application no. 10152/10, the Court notes that the applicant died on 22 March 2012, while the case was pending before the Court. The applicant’s daughter, Ms Galina Vladislavovna Borshchenko, has requested to pursue the application on her father’s behalf. As the request is in line with its case-law, the Court sees no reason to refuse it (see, among other authorities, Benyaminson v. Ukraine, no. 31585/02, § 83, 26 July 2007, and Horváthová v. Slovakia, no. 74456/01, §§ 25-27, 17 May 2005). However, reference will still be made to the applicant throughout the present text.
C. 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).
In particular, as to application 10152/10, the proceedings in the applicant’s case were suspended pending the outcome of related court proceedings. The outcome of the later set of proceedings was crucial for the examination of the applicant’s claim lodged within the first set of proceedings and such suspension cannot be regarded as unreasonable. The second set of proceedings lasted less than six years before three levels of jurisdiction. Therefore, the length of proceedings complained of was not excessive (see and compare, Murdugova v. Ukraine [Committee], no.28325/04, 2 February 2012).
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 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 11 January 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
10152/10
28/01/2010
Vladyslav Yakovych Chaykovskyy
13/07/1936
The applicant died on 22/03/2012. His daughter, Ms Galina Vladislavovna Borshchenko, has the quality of heir.
27/12/2004
22/03/2012
7 years, 2 months and 25 days
1 level of jurisdiction
22398/14
03/03/2014
Volodymyr Vitaliyovych Bidukha
13/12/1965
09/12/2008
18/06/2014
5 years, 6 months and 10 days
3 levels of jurisdiction
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