FIFTH SECTION
DECISION
Application no. 59815/16
Alla Dmytrivna SOLDATENKOVA and Oleksandr Oleksandrovych SOLDATENKOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 24 May 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 October 2016,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The details of the application 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 applicants also raised another complaint under Article 6 § 1 of the Convention concerning the delayed enforcement of domestic decisions.
THE LAW
A. 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, just over five years for three levels of jurisdiction, was not excessive or unreasonable (see, Yuryeva and Yuryev v. Ukraine, no. 3431/03, § 43, 31 July 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.
B. Complaint under Article 6 § 1 of the Convention (delayed enforcement of domestic decisions)
The applicants also raised another complaint under Article 6 § 1 of the Convention concerning the delayed enforcement of the decision of the Pokrovskyy Local Court of 15 November 2011 as amended by the decision of the Dnipropetrovsk Regional Court of Appeal of 2 December 2014.
The Court finds that this part of the application is a follow-up to the Burmych judgment and shall be dealt with in accordance with the procedure envisaged therein (Burmych and Others v. Ukraine (striking out) [GC], nos. 46852/13 et al, § 221, 12 October 2017), i.e. struck out and transmitted to the Committee of Ministers of the Council of Europe in order for it to be dealt with in the framework of the general measures of execution of the pilot judgment in the case of Yuriy Nikolayevich Ivanov v. Ukraine (no. 40450/04, 15 October 2009).
For these reasons, the Court, unanimously,
Declares part of the application concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law (see appended table) inadmissible;
Decides to strike the remainder of the application, concerning the delayed enforcement of domestic decisions, out of the Court’s list of cases pursuant to Article 37 § 1 (c) of the Convention and transmit it to the Committee of Ministers of the Council of Europe in order for it to be dealt with in the framework of the general measures of execution of the above-mentioned Ivanov pilot judgment.
Done in English and notified in writing on 14 June 2018.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Articles 6 § 1 and 13 of the Convention
(excessive length of civil proceedings and lack of any effective remedy in domestic law)
Application no.
Date of introduction
Applicant name
Date of birth
Start of proceedings
End of proceedings
Total length Levels of jurisdiction
Other complaints under well-established case-law
59815/16
06/10/2016
Household
Alla Dmytrivna Soldatenkova
01/08/1963
Oleksandr Oleksandrovych Soldatenkov
23/12/1991
04/02/2011
15/03/2016
5 years, 1 month and 12 days
3 levels of jurisdiction
Art. 6 (1) - non-enforcement or delayed enforcement of domestic decisions:
Delayed enforcement of the decision of the Pokrovskyy Local Court of 15/11/2011 as amended by the decision of the Dnipropetrovsk Regional Court of Appeal of 02/12/2014, enforced on 30/06/2016.
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