Andrukhovych and Others v. Ukraine

FIFTH SECTION

Applications nos. 1121/22 and 7698/22 Ruslan Yuriyovych ANDRUKHOVYCH and Others against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 21 March 2024 as a Committee composed of:

Mārtiņš Mits , President , Kateřina Šimáčková, Mykola Gnatovskyy , judges ,

and Viktoriya Maradudina, 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 is set out in the appended table.

The applicants’ complaints under Article 6 § 1 and Article 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

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 Article 6 of the Convention are inadmissible since the length of the proceedings was not excessive or unreasonable (see Gusev v. Ukraine , no. 25531/12, § 37-38, 14 January 2021).

As regards the lack of any effective remedy for complaints raised above, the Court, considering its findings under Article 6 of the Convention, concludes that the applicants have no arguable claim for the purposes of Article 13 of the Convention.

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.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 11 April 2024.

Viktoriya Maradudina Mārtiņš Mits Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of civil proceedings)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Start of proceedings

End of proceedings

Total length Levels of jurisdiction

1121/22

24/12/2021

(4 applicants)

Household

Ruslan Yuriyovych ANDRUKHOVYCH

1971

Alla Oleksandrivna ANDRUKHOVYCH

1946

Yana Oleksandrivna VAKULENKO

1987

Viktoriya Yuriyivna SHYSHATSKA

1967

Provotorov Yuriy Vasylyovych

Dnipro

07/08/2018

18/01/2023

4 year(s) and 5 month(s) and 12 day(s)

3 level(s) of jurisdiction

7698/22

29/01/2022

Dmytro Stepanovych PETRENKO

1976

Sobyna Pavlo Mykolayovych

Okhtyrka

02/09/2016

22/02/2022

5 year(s) and 5 month(s) and 21 day(s)

3 level(s) of jurisdiction