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TETELBAUM v. UKRAINE

Doc ref: 14476/18 • ECHR ID: 001-191445

Document date: January 31, 2019

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TETELBAUM v. UKRAINE

Doc ref: 14476/18 • ECHR ID: 001-191445

Document date: January 31, 2019

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 14476/18 Dmytro Mykhaylovych TETELBAUM against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 31 January 2019 as a Committee composed of:

Síofra O ’ Leary, President, Mārtiņš Mits, Lado Chanturia, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 February 2017 ,

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 A.A. Kristenko, a lawyer practising in the city of Kharkiv, Ukraine.

The applicant ’ s complaints under Article s 6 § 1 and 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

The Court, having examined all the materials submitted to it and having regard to the criteria established in its case-law on the subject (see, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII) , considers that the applicant ’ s complaints under Articles 6 § 1 and 13 of the Convention, concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law, are inadmissible on the ground that the length of the proceedings, roughly five years and eight months, was not excessive or unreasonable since the case was considered by three levels of jurisdiction during this time (see, Yuryeva and Yuryev v. Ukraine , no. 3431/03, § 43, 31 July 2012).

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,

Declares the application inadmissible.

Done in English and notified in writing on 21 February 2019 .

Liv Tigerstedt Síofra O ’ Leary Acting Deputy Registrar President

APPENDIX

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

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

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

14476/18

13/02/2017

Dmytro Mykhaylovych Tetelbaum

28/11/1959

23/07/2012

11/02/2013

12/05/2014

17/10/2012

10/04/2014

15/08/2018

2 months and 25 days

3 levels of jurisdiction

1 year and 2 months

3 levels of jurisdiction

4 years, 3 months and 4 days

3 levels of jurisdiction

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