Minkairov and Others v. Ukraine
Inadmissible
Berörda konventionsartiklar
FIFTH SECTION
Application no. 11794/19 Oleksandr Volodymyrovych MINKAIROV against Ukraine and 9 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 13 June 2024 as a Committee composed of:
Carlo Ranzoni , President , Mārtiņš Mits, María Elósegui , 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
1 The list of applicants is set out in the appended table.
2 The applicants’ complaints under Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings were communicated to the Ukrainian Government (“the Government”).
THE LAW
3 Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
4 In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the complaints about the alleged lack of impartiality of the tribunal in the impugned administrative-offence proceedings are inadmissible.
5 In particular, the Court notes that the impartiality of the domestic courts was not called into question under either the subjective or the objective tests and that the applicants did not point to any specific circumstances which could cause the Court to doubt the domestic courts impartiality (see Figurka v. Ukraine , no. 28232/22, § 30-44, 16 November 2023).
6 Consequently, it cannot be considered that the domestic courts took the role of a prosecuting party or were put in a position requiring them to take the role of a prosecuting party, thereby undermining their impartiality or the fairness of the proceedings.
7 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 4 July 2024.
Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
11794/19
20/02/2019
Oleksandr Volodymyrovych MINKAIROV
1983
suspension of the driving licence for 1 year, administrative fine of UAH 10,200
15/01/2019, Dnipro Court of Appeal
31068/19
31/05/2019
Ivan Vasylyovych RUSSU
1988
Zakharova Maryna Volodymyrivna
Kryvyy Rig
suspension of the driving licence for 1 year,
administrative fine of UAH 10,200
19/02/2019, Dnipro Court of Appeal
46294/21
09/09/2021
Andriy Bogdanovych TELEVYAK
1985
Samulyak Mykhaylo Yuriyovych
Ternopil
suspension of the driving licence for 1 year,
administrative fine of UAH 10,200
13/04/2021, Ternopil Court of Appeal
1692/22
29/12/2021
Svitlana Yuriyivna YANKOVSKA
1988
Maleryk Tetyana Igorivna
Lviv
suspension of the driving licence for 1 year, administrative fine of UAH 10,200
30/08/2021, Lviv Court of Appeal
5086/22
15/01/2022
Bogdan Yuriyovych GORBACHEVSKYY
1987
Boyko Valeriy Fedorovych
Netishyn
suspension of the driving licence for 3 years, administrative fine of UAH 24,000
23/12/2021, Khmelnytskyy Court of Appeal
28463/22
17/05/2022
Ruslan Oleksandrovych STOGNIY
1997
Samulyak Mykhaylo Yuriyovych
Ternopil
suspension of the driving licence, administrative fine of UAH 17,000
05/01/2022, Ternopil court of Appeal
28988/22
23/05/2022
Roman Bogdanovych DRUCHOK
1984
Samulyak Mykhaylo Yuriyovych
Ternopil
suspension of the driving licence, for 1 year, administrative fine of UAH 17,000
24/12/2021, Ternopil Court of Appeal
35823/22
08/07/2022
Roman Bogdanovych LYAKHOVYCH
1983
Solomko Mykola Vasylyovych
Zolochiv
suspension of the driving licence for 1 year, administrative fine of UAH 17,000
31/01/2022, Lviv Court of Appeal
49659/22
27/09/2022
Sergiy Volodymyrovych GRYTSAYUK
1976
Turchyn-Kukarina Iryna Viktorivna
Ternopil
suspension of the driving licence, for 1 year
administrative fine of UAH 17,000,
02/06/2022, Ternopil Court of Appeal
5042/23
05/01/2023
Oleg Olegovych BEZKOROVAYNYY
1993
Samulyak Mykhaylo Yuriyovych
Ternopil
suspension of the driving licence for 1 year, administrative fine of UAH 17,000
08/09/2022, Ternopil Court of Appeal