FIFTH SECTION
DECISION
Applications nos. 9486/14 and 10437/14
Mykola Leonidovych VARUSHA against Ukraine
and Larisa Anatolyevna NIKOLAYENKO 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 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. 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 in application no. 10437/14 concerning the proceedings between 18 March 2005 and 15 August 2012 were introduced out of time.
In view of the above, the Court finds that these complaints are inadmissible and must be rejected in accordance with Article 35 §§ 1, 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
9486/14
25/02/2014
Mykola Leonidovych Varusha
02/04/1966
07/03/2008
18/09/2013
5 years, 6 months and 12 days
3 levels of jurisdiction
10437/14
15/01/2014
Larisa Anatolyevna Nikolayenko
07/06/1951
01/10/2012
14/08/2013
10 months and 14 days
3 levels of jurisdiction
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