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KRYLKOV v. RUSSIA

Doc ref: 6442/18 • ECHR ID: 001-207760

Document date: December 17, 2020

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KRYLKOV v. RUSSIA

Doc ref: 6442/18 • ECHR ID: 001-207760

Document date: December 17, 2020

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 6442/18 Roman Valentinovich KRYLKOV against Russia

The European Court of Human Rights (Third Section), sitting on 17 December 2020 as a Committee composed of:

Darian Pavli, President, Dmitry Dedov , Peeter Roosma, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 29 January 2018,

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 was represented by Mr L. Gribov , a lawyer practising in St Petersburg.

The applicant ’ s complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings and Article 13 of the Convention concerning the existence of effective domestic remedies to complain about the length of civil proceedings were communicated to the Russian 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 applicant ’ s complaint about the excessive length of the civil proceedings is inadmissible.

Without going into the Government ’ s objection of non-exhaustion, the Court finds that the complaint is in any event manifestly ill-founded. The proceedings to which the applicant was a party lasted for less than two years before two court instances and thus they were not excessively long. The applicant was not able to point to any deficiency or delay which had been caused by the national authorities and which could have led to the protraction of the proceedings.

In view of the above, the Court finds that this complaint is manifestly ill ‑ founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

The applicant also complained that he did not have at his disposal an effective remedy to complain about the excessive length of the proceedings in his civil case. The Court reiterates in this respect that this provision only applies to those with an arguable claim under the Convention (see Silver and Others v. the United Kingdom , 25 March 1983, § 113, Series A no. 61). Given that the applicant ’ s complaint under Article 6 was rejected for being manifestly ill-founded, the complaint under Article 13 should also be declared manifestly ill-founded and rejected under Article 35 §§ 3 and 4 of the Convention.

In view of the above, the Court finds that this complaint is manifestly ill ‑ founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 21 January 2021 .

Liv Tigerstedt Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

( excessive length of civil proceedings )

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

6442/18

29/01/2018

Roman Valentinovich KRYLKOV

1961Gribov Lev Georgiyevich

St Petersburg

11/03/2015

22/08/2016

1 year(s) and

5 month(s) and 11 day(s) 2 level(s) of jurisdiction

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