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KOVAL v. UKRAINE

Doc ref: 8155/11 • ECHR ID: 001-211168

Document date: June 17, 2021

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KOVAL v. UKRAINE

Doc ref: 8155/11 • ECHR ID: 001-211168

Document date: June 17, 2021

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 8155/11 Aleksey Viktorovich KOVAL

against Ukraine

(s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 17 June 2021 as a Committee composed of:

Stéphanie Mourou-Vikström , President, Jovan Ilievski , Mattias Guyomar, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 25 January 2011,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicant ’ s complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) .

THE LAW

Complaints under Article 6 § 1 and Article 13 of the Convention (excessive length of criminal proceedings and lack of any effective remedy in domestic law)

In the present application, having examined all the material submitted to it and having regard to its case-law on the subject (see, for example, Merit v. Ukraine , no. 66561/01, 30 March 2004), the Court considers that the applicant ’ s complaints are inadmissible since the length of the proceedings was not excessive or unreasonable.

In view of the above, the Court finds that the complaints under Article 6 of the Convention related to the length of the proceedings are manifestly ill ‑ founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

As regards the lack of any effective remedy for complaints raised above, the Court observes that the applicant ’ s complaints under Article 6 § 1 of the Convention are inadmissible within the meaning of Article 35 § 3 of the Convention. It follows that there is no “arguable claim” of a violation of the right guaranteed by Article 6 § 1 for the purposes of Article 13 of the Convention.

Consequently, this part of the application is incompatible ratione materiae with the provision of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 8 July 2021 .

             {signature_p_2}

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 criminal proceedings and lack of any effective remedy in domestic law)

Application no.

Date of introduction

Applicant ’ s name

Year of birth

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

8155/11

25/01/2011

Aleksey Viktorovich KOVAL

1978

10/12/2006

29/07/2010

3 years and 7 months and 20 days

2 levels of jurisdiction

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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