FIFTH SECTION
DECISION
Application no. 15387/08
Olena Ivanivna SKUTELNYK and Others against Ukraine
and 3 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 21 September 2017 as a Committee composed of:
Nona Tsotsoria, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, 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 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”). Some applicants 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, the complaints raised by the applicants in application no. 13561/12 concerning the proceedings between 6 August 2004 and 24 July 2009 must be dismissed for having been 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
In applications nos. 15387/08 and 13561/12, the applicants also raised other complaints under various articles of the Convention.
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.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 12 October 2017.
Liv TigerstedtNona Tsotsoria
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
Level of jurisdiction
15387/08
14/03/2008
Olena Ivanivna Skutelnyk
07/07/1951
Alla Mykolaivna Skutelnyk
26/11/1973
11/04/2000
29/08/2000
12/07/2004
05/05/2000
20/11/2000
25/09/2007
25 days
3 levels of jurisdiction
2 months and 23 days
3 levels of jurisdiction
3 years, 2 months and 14 days
3 levels of jurisdiction
Mykola Ivanovych Skutelnyk
21/01/1951
12/07/2004
25/09/2007
3 years, 2 months and 14 days
3 levels of jurisdiction
13561/12
25/02/2012
Eduard Sergiyovych Semyrenskyy
22/01/1981
Olga Vasylivna Strygina
29/04/1955
30/11/2005
07/06/2006
12/03/2009
10/03/2010
03/02/2006
03/06/2008
30/11/2009
14/12/2011
2 months and 5 days
3 levels of jurisdiction
1 year, 11 months and 28 days
3 levels of jurisdiction
8 months and 19 days
3 levels of jurisdiction
1 year, 9 months and 5 days
3 levels of jurisdiction
10386/14
17/01/2014
Oleg Ruslanovich Dobrodomov
29/09/1964
02/10/2007
09/09/2013
5 years, 11 months and 8 days
3 levels of jurisdiction
79022/16
09/11/2016
Mykola Fedorovych Denysenko
13/02/1943
01/03/2010
21/08/2015
21/12/2011
20/05/2016
1 year, 9 months and 21 days
3 levels of jurisdiction
9 months
3 levels of jurisdiction
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