OSTAPYUK v. UKRAINE
Doc ref: 27689/19 • ECHR ID: 001-220765
Document date: October 6, 2022
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FIFTH SECTION
DECISION
Application no. 27689/19 Borys Yaroslavovych OSTAPYUK
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 14 May 2019,
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 O.M. Titov , a lawyer practising in Kyiv.
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 applicant failed to submit information concerning various proceedings lodged by him and to show that the length of the proceedings in his 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 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
27689/19
14/05/2019
Borys Yaroslavovych OSTAPYUK
1961
25/12/2014
13/03/2019
4 years and 2 months and 17 days
3 levels of jurisdiction