FIFTH SECTION
DECISION
Application no. 29283/13
Oleksiy Petrovych ZHADAN against Ukraine
and 26 other applications
The European Court of Human Rights (Fifth Section), sitting on 14 December 2023 as a Committee composed of:
Carlo Ranzoni, President,
Mattias Guyomar,
Mykola Gnatovskyy, judges,
and Martina Keller, Deputy Section Registrar,
Having regard to:
the applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the applicants listed in the appended table (“the applicants”), on the various dates indicated therein;
Having deliberated, decides as follows:
SUBJECT MATTER OF THE CASE
1. The applicants’ details are set out in the appendix.
2. The relevant circumstances concerning lack of communication with certain applicants since 24 February 2022 are set out in Bryska and Others v. Ukraine ((dec.), nos. 11706/13 and 5 others, 2 November 2023 [Committee]). Those circumstances as far as the present applications are concerned and their subject matter are summarised in the appendix.
THE COURT’S ASSESSMENT
3. The Court finds it appropriate to examine the applications jointly in a single decision.
4. Bryska and Others concerned cases lodged by the applicants who had their postal addresses in Ukraine and who did not provide the Court with valid functioning email addresses or did not activate an eComms account despite telephone calls informing them of its creation. The Court concluded that, in the particular circumstances described in that decision, such applicants could be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 of the Convention. In making that conclusion, the Court also took into account that repeated attempts to contact the applicants by telephone (where their numbers were available), had been unsuccessful, and that the applicants had not contacted the Court for considerable periods of time despite the fact that it must have been obvious to them that the full‑scale military attack launched by the Russian Federation against Ukraine on 24 February 2022 disrupted the Court’s communication with them and should have prompted them to contact the Court with a view to establishing an effective channel of communication and thus ensure that the applications could be duly processed.
5. The Court notes that similar considerations are applicable to the present applications and, therefore, the circumstances justify striking them out of its list.
6. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the applications listed in the appendix.
7. Finally, the Court once again reiterates, as it did in Bryska and Others, that under Article 37 § 2 of the Convention it may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.
8. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 18 January 2024.
Martina Keller Carlo Ranzoni
Deputy Registrar President
Appendix
List of cases:
No.
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Place of residence
Nationality
Representative’s name
Location (where relevant)
Latest letter from the applicant received on
Main complaints raised
Other information
1.
29283/13
Zhadan v. Ukraine
22/04/2013
Oleksiy Petrovych ZHADAN
1982
Pidgorne
Ukrainian
25/09/2018
Art. 6 that the domestic bodies dealing with the applicant’s case lacked independence and impartiality; Art. 8 alleged violation of the right to respect for private life because of dismissal; Art. 10 alleged punishment for unintentional miscarriage of justice; Art. 13. lack of effective domestic remedies
eComms not activated
2.
24673/15
Mykhalyova v. Ukraine
08/05/2015
Lidiya Ivanivna MYKHALYOVA
1958
Odesa
Ukrainian
Artem Valeriyovych PYTOMETS
Odesa
15/05/2015
Art. 8 on account of the outcome of defamation proceedings instituted by the applicant against an individual and a journalist
eComms not activated by the applicant’s representative
No valid email address of the applicant
3.
45939/15
Garashchenko v. Ukraine
08/09/2015
Viktor Vasylyovych GARASHCHENKO
1947
Lviv
Ukrainian
17/09/2015
Art. 13 and Art. 1 of Protocol No. 1 about the State’s failure to comply with its positive obligations and ensure the applicant’s right to the peaceful enjoyment of his possessions
No valid email address
4.
47978/15
Zhdanov v. Ukraine
21/09/2015
Volodymyr Volodymyrovych ZHDANOV
1990
Komunist
Ukrainian
16/03/2017
Art. 1, 5, 8, 2 - complaint concerning the military draft in Ukraine. Art. 6 and 13 - complaint concerning the outcome of an employment dispute
No valid email address
5.
53148/15
Moskalenko v. Ukraine
12/10/2015
Olena Dmytrivna MOSKALENKO
1986
Kyiv
Ukrainian
22/10/2015
Art. 13 and Art. 1 of Protocol No. 1 about unlawful inference with property rights and absence of effective remedies in this respect
No valid email address
6.
60865/15
Kovalchuk v. Ukraine
26/11/2015
Tamara Petrivna KOVALCHUK
1968
Zhytomyr
Ukrainian
08/12/2015
Art. 6 about the non-enforcement of a domestic judgment; Art. 13 about the absence of effective remedies; Art. 1 of Protocol 1 about the inability to obtain compensation for a house located in a radiation-contaminated area
No valid email address
7.
1529/16
Reka v. Ukraine
28/12/2015
Tetyana Dmytrivna REKA
1979
Zhmerynka
Ukrainian
07/01/2016
Art. 6 of the Convention - complaint about outcome of the applicant’s employment dispute with a state authority
No valid email address
8.
5074/16
Zabrodskyy v. Ukraine
15/01/2016
Vasyl Ivanovych ZABRODSKYY
1966
Chernivtsi
Ukrainian
15/01/2016
Art. 6 about a violation of the legal certainty principle in civil proceedings
eComms not activated
9.
11612/16
Zinaida Volobuyeva and Anna Volobuyeva v. Ukraine
06/11/2010
Zinaida Petrovna VOLOBUYEVA
1955
Gurzuf
Ukrainian
Aleksandr Vladimirovich LESOVOY
Simferopol
06/11/2010
Art. 6 about a violation of the legal certainty principle
No valid email address
10.
25583/16
Karatsyuba v. Ukraine
28/04/2016
Sergiy Oleksiyovych KARATSYUBA
1968
Komsomolsk
Ukrainian
28/04/2016
Art. 8 and 13 concerning the applicant’s inability to modify information in a State register
No valid email address
11.
29785/16
Redaktsiya gazety Trudovaya Slava, KP v. Ukraine
16/05/2016
REDAKTSIYA GAZETY TRUDOVAYA SLAVA, KP
2003
Orekhov
Ukrainian
Igor Arturovich VORON
Kamyamnske
26/05/2016
Art. 10 complaint that the applicant was ordered by the courts to retract information which it had published
No valid email address
12.
32095/16
Spektrgaz, TOV v. Ukraine
25/05/2016
SPEKTRGAZ, TOV
2014
Lviv
Ukrainian
Stanislav Olegovych LOZYTSKYY
Lviv
03/06/2016
Art. 6 complaint that the applicant company could not lodge its appeal in cassation on time because it belatedly received a decision of a court of appeal; Art. 1 of Protocol No. 1, Art. 6 and 13 - complaint about the outcome of the applicant’s dispute with a State-owned company
The applicant’s representative, whose email address is available, informed the Court that he no longer represented the applicant. The applicant company’s telephone number does not respond, no other contact details are available
13.
39481/16
Gaydak v. Ukraine
22/06/2016
Nataliya Volodymyrivna GAYDAK
1970
Vyshgorod
Ukrainian
29/06/2016
Art. 6, 13 and Art. 1 of Protocol No. 1 concerning length of proceedings and outcome in a dispute over matrimonial property
No valid email address
14.
47659/16
Merezha Vidpochynku, Tov v. Ukraine
05/08/2016
MEREZHA VIDPOCHYNKU, TOV
Lviv
Ukrainian
Anton Mykolayovych PODILCHAK
Lviv
12/08/2016
Art. 6, renewal of the limitation period for the prosecutor’s claim without proper legal grounds; Art. 1 of Protocol No. 1, invalidation of the applicant’s title to property it had bought from the State
eComms not activated
15.
54969/16
Li v. Ukraine
07/09/2016
Bronislav Alekseyevich LI
1963
Nerubayske
Ukrainian
Aleksandr Innokentyevich PAK
Odesa
07/09/2016
Art. 6 § 2 regarding the alleged breach of presumption of innocence
eComms not activated
16.
56246/16
Bvk Ltd, TOV v. Ukraine
13/09/2016
BVK LTD, TOV
1992
Zaporizhzhya
Ukrainian
13/09/2016
Art. 6 about alleged denial of access to a court
eComms not activated
17.
62181/16
Burdylo v. Ukraine
21/10/2016
Yuriy Viktorovych BURDYLO
1976
Dnipro
Ukrainian
25/10/2016
Art. 6 and Art. 1 of Protocol No. 1 about fairness and outcome of customs offence proceedings
No valid email address
18.
72968/16
Tkachenko v. Ukraine
26/11/2016
Oleg Mykolayovych TKACHENKO
1975
Zolotonosha
Ukrainian
03/06/2021
Art. 6 §§ 1 and 3(d) concerning alleged breach of the right to fair and public hearing within a reasonable time by an independent and impartial tribunal, sufficiency of reasons for conviction and the right to question witnesses in a case concerning an administrative offence
eComms not activated
19.
15274/17
Yesipchuk v. Ukraine
17/02/2017
Maksim Vasilyevich YESIPCHUK
1987
Mykolayiv
Ukrainian
Larisa Petrovna YESIPCHUK
1962
Mykolayiv
Ukrainian
17/02/2017
Art. 3, 4, 5, 6, 8, 13, 14, 34, and Art.1 of Protocol No.1 about alleged ill-treatment, unlawful detention, search and seizure of property, and allegedly unfair trial
eComms account not activated
20.
50532/17
Zelinskyy v. Ukraine
06/07/2017
Oleksandr Valeriyovych ZELINSKYY
1989
Odesa
Ukrainian
06/09/2018
Art. 3 about ineffective investigation into the applicant’s poisoning in a car of his acquaintance, K. Art. 6 - no opportunity to file a civil claim against K.
No valid no email address
21.
69495/17
Sizonenko v. Ukraine
13/09/2017
Lyubov Antonivna SIZONENKO
1935
Bila Tsekrva
Ukrainian
20/09/2017
Art. 13 (and Art. 3 raised in substance) about ill-treatment inflicted by a private person in front of police officers
No valid email address
22.
79423/17
Bulyna v. Ukraine
07/11/2017
Mykhaylo Mykhaylovych BULYNA
1967
Uzhgorod
Ukrainian
16/11/2017
Art. 6 about fairness of criminal proceedings, notably right to a lawyer
No valid email address
23.
7405/18
Slyvka v. Ukraine
26/01/2018
Galyna Mykolayivna SLYVKA
1958
Kyiv
Ukrainian
26.01.2018
Art. 2 and 13 regarding the alleged lack of medical treatment in detention which led to the death of the applicant’s son
eComms not activated
24.
7664/18
Svitlichnyy v. Ukraine
26/01/2018
Yuriy Viktorovych SVITLICHNYY
1958
Zaporizhzhya
Ukrainian
06/02/2018
Art. 6, 13 and Art. 1 of Protocol No. 1 about reasoning of court decisions, fairness and outcome of proceedings in a pension case
No valid email address
25.
18093/18
Pozhyvotko v. Ukraine
10/10/2018
Mariya Mykolayivna POZHYVOTKO
Nosivka
Ukrainian
19/09/2019
Art. 2 allegedly ineffective investigation into the death of the applicant’s son caused by acts of private individuals
No valid email address
26.
20114/18
Kirgizova v. Ukraine
16/04/2018
Olena Vasylivna KIRGIZOVA
1962
Lviv
Ukrainain
01/08/2018
Art. 6, 13 and Art. 1 of Protocol No. 1 about reasoning of court decisions, fairness and outcome of proceedings in a civil case
eComms account not activated
27.
29011/18
Moskovoy v. Ukraine
09/06/2018
Oleg Borysovych MOSKOVOY
1967
Kyiv
Ukrainian
19/06/2018
Art. 5 unlawfulness and unreasonable length of pre-trial detention in 2008-2013; Art. 2 of Protocol No. 4, Art. 6 about length of obligation not to abscond (2014‑2018); Art. 13 lack of effective remedy in their respect
No valid email address