SAVYTSKA proti Ukrajině

FIFTH SECTION

DECISION

Application no. 15687/21
Mariya Mykhaylivna SAVYTSKA
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 6 October 2022 as a Committee composed of:

Stéphanie Mourou-Vikström, President,

Ivana Jelić,

Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 March 2021,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr Y.V. Ogorilko, a lawyer practising in Chervonograd.

The applicant’s 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

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the duration of the proceedings in the present case.

In particular, the Court notes that the proceedings had been suspended for more than two years and three months upon the applicant’s own request. Having regard to the circumstances of the case the applicant failed to make an arguable case that the length of the proceedings in her case was excessive.

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.

The applicant also complained under Article 13 of the Convention.

The Court has declared the applicant’s complaints under Article 6 inadmissible. Accordingly, the applicant did not have an “arguable claim” of a violation of a substantive Convention provision and, therefore, Article 13 of the Convention is inapplicable to this part of the application.

It follows that the complaint under Article 13 must also be rejected pursuant to Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 27 October 2022.

Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President

APPENDIX

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

(excessive length of civil proceedings and the lack of any effective remedy in domestic law)