FIFTH SECTION<\/p>\n
DECISION<\/p>\n
Application no. 3623\/10
\nViktor Vladimirovich KRZHEMINSKIY against Ukraine
\nand 8 other applications
\n(see appended table)<\/p>\n
The European Court of Human Rights (Fifth Section), sitting on 17\u00a0January 2019 as a Committee composed of:<\/p>\n
S\u00edofra O\u2019Leary, President,
\nM\u0101rti\u0146\u0161 Mits,
\nLado Chanturia, judges,<\/p>\n
and Liv Tigerstedt, Acting Deputy Section Registrar,<\/p>\n
Having regard to the above applications lodged on the various dates indicated in the appended table,<\/p>\n
Having regard to the observations submitted by the respondent Government,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/p>\n
The list of applications and the applicants\u2019 details are set out in the appended table.<\/p>\n
The applicants\u2019 complaints under Articles\u00a06 \u00a7 1 and\u00a013 of the Convention and Article\u00a01 of the Protocol No.\u00a01 concerning the non-enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (\u201cthe Government\u201d). Some applicants also raised other complaints under the provisions of the Convention.<\/p>\n
THE LAW<\/p>\n
A.\u00a0\u00a0Joinder of the applications<\/p>\n
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.<\/p>\n
B.\u00a0\u00a0Complaints underArticles 6 \u00a7 1 and\u00a013 of the Convention and Article\u00a01 of the Protocol No.\u00a01<\/p>\n
The Court finds that these complaints are 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.\u00a046852\/13 et al, \u00a7 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.\u00a040450\/04, 15 October 2009).<\/p>\n
C.\u00a0\u00a0\u0421omplaint about equality of arms (application no. 6265\/14)<\/p>\n
The applicant in application no. 6265\/14 also complained that the principle of equality of arms had been breached on account of the domestic courts\u2019 failure to serve an appeal on him or otherwise inform him of the appeal lodged in his case.<\/p>\n
In respect of this complaint, lodged on 11 March 2014, the Government submitted that the applicant had failed to comply with the six-month time-limit under Article 35 \u00a7 1 of the Convention since the final decision in the applicant\u2019s case had been delivered on 22 August 2013. The applicant insisted that for the purposes of calculation of the six-month time-limit the date when he lodged his first letter with the Court \u2013 27 December 2013 \u2013 should be taken into consideration.<\/p>\n
The Court notes that the applicant\u2019s complaint on the alleged breach of the principle of equality of arms is not an elaboration of his original complaints to the Court. Therefore, the six-month period for lodging it ran independently. The applicant did not raise this complaint in his first letter and did not provide any explanation for lodging this complaint on 11 March 2014 only.<\/p>\n
The Court thus finds that this complaint has been lodged too late and must be rejected pursuant to Article 35 \u00a7\u00a7 1 and 4 of the Convention.<\/p>\n
D.\u00a0\u00a0Remaining complaints<\/p>\n
The applicants in applications nos. 3623\/10, 30552\/13 and 46865\/13 also raised other complaints under various articles of the Convention.<\/p>\n
The Court has examined the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.<\/p>\n
It follows that this part of the applications must be rejected in accordance with Article 35 \u00a7\u00a7 1, 3 and 4 of the Convention.<\/p>\n
For these reasons, the Court, unanimously,<\/p>\n
Decides to join the applications;<\/p>\n
Decides to strike the part of the applications concerning the non-enforcement or delayed enforcement of domestic decisions out of the Court\u2019s list of cases pursuant to Article 37 \u00a7 1 (c) of the Convention and transmit them to the Committee of Ministers of the Council of Europe in order for them to be dealt with in the framework of the general measures of execution of the above-mentioned Ivanov pilot judgment;<\/p>\n
Declaresthe remainder of applications nos. 3623\/10, 30552\/13, 46865\/13 and 6265\/14 inadmissible.<\/p>\n
Done in English and notified in writing on 7 February 2019.<\/p>\n
Liv Tigerstedt\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 S\u00edofra O\u2019Leary
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n
<\/p>\n
APPENDIX<\/p>\n
List of applications raising complaints under Articles 6 \u00a7 1 and\u00a013 of the Convention and Article 1 of the Protocol No. 1<\/p>\n
(non-enforcement or delayed enforcement of domestic decisions and lack of any effective remedy in domestic law)<\/p>\n
No.<\/strong><\/td>\n| Application no.<\/strong><\/p>\n | Date of introduction<\/strong><\/td>\n Date of birth<\/strong><\/td>\n 03\/12\/2009<\/td>\n 01\/01\/1953<\/td>\n <\/td>\n<\/tr>\n 13\/05\/2010<\/td>\n 28\/11\/1973<\/p>\n <\/p>\n Lyudmyla Oleksandrivna Bulavchyk<\/strong><\/p>\n 01\/09\/1960<\/td>\n <\/td>\n<\/tr>\n 08\/09\/2012<\/td>\n 02\/05\/1961<\/td>\n 31\/01\/2013<\/td>\n 17\/11\/1955<\/td>\n <\/td>\n<\/tr>\n 27\/03\/2013<\/td>\n 21\/06\/1952<\/td>\n <\/td>\n<\/tr>\n 24\/04\/2013<\/td>\n 25\/07\/1956<\/td>\n 10\/07\/2013<\/td>\n 12\/07\/1961<\/td>\n 26\/09\/2013<\/td>\n 22\/03\/1945<\/td>\n <\/td>\n<\/tr>\n 27\/12\/2013<\/td>\n 22\/04\/1957<\/td>\n |