FIFTH SECTION
DECISION
Application no. 64290/17
Oleg Volodymyrovych SHTUL against Ukraine
and 5 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 14 September 2023 as a Committee composed of:
Carlo Ranzoni, President,
Lado Chanturia,
María Elósegui, judges,
and Viktoriya Maradudina, 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 applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings were communicated to the Ukrainian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 6 § 1 of the Convention (lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)In the present applications, having examined all the material before it, the Court finds that the applicants did not duly raise the matters they now raise before the Court before the domestic courts (see Kulish v. Ukraine (dec.), no. 6023/23, 15 June 2023 [Committee]).
In view of the above, the Court finds that these complaints do not meet the admissibility criteria set out in Article 35 §§ 1 and 3 (a) and must be rejected in accordance with Article 35 § 4 of the Convention.
Remaining complaintsSome applicants also raised other complaints under various articles of the Convention (see Appendix).
The Court has examined the applications listed in the appended table 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.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 5 October 2023.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
64290/17
24/08/2017
Oleg Volodymyrovych SHTUL
1972
Grishyn Yevgen Oleksiyovych
Zhytomyr
suspension of the driving licence for one year, administrative fine of UAH 10,200
23/02/2017
Zhytomyr Regional Court of Appeal
932/21
21/12/2020
Vitaliy Yaroslavovych DMYTRYK
1980
administrative fine of UAH 4,930
24/07/2020
Lviv Court of Appeal
20/08/2020
Lviv Court of Appeal
21375/21
08/04/2021
Volodymyr Yaroslavovych MYSKIV
1982
Bobykaylo Nazar Igorovych
Lviv
suspension of the driving licence, administrative fine of UAH 10,200
09/10/2020
Lviv Court of Appeal
23534/22
19/04/2022
Yuriy Mykolayovych KORENKIVSKIY
1983
Samulyak Mykhaylo Yuriyovych
Ternopil
suspension of the driving licence for one year, administrative fine of UAH 17,000
11/11/2021
Ternopil Court of Appeal
44622/22
31/08/2022
Volodymyr Viktorovych OVSYANYKOV
1970
Ignatov Oleksandr Anatoliyovych
Dnipro
suspension of the driving licence, for one year, administrative fine of UAH 17,000
14/06/2022
Dnipro Court of Appeal
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant stated that the court had failed to hear witnesses D. and V. - The applicant’s conviction was based on the plethora of evidence, including the videorecording.
44631/22
31/08/2022
Sergiy Sergiyovych BOZDYRYEV
1976
Ignatov Oleksandr Anatoliyovych
Dnipro
suspension of the driving licence, for one year, administrative fine of UAH 17,000
04/05/2022
Dnipro Court of Appeal
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complains that he was not able to examine witnesses S. and B. - The applicant’s conviction was based on the plethora of evidence, including the videorecording.