Zhadan and Others v. Ukraine

FIFTH SECTION

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