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KADRYAYEVA v. UKRAINE

Doc ref: 50893/21 • ECHR ID: 001-225702

Document date: June 1, 2023

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KADRYAYEVA v. UKRAINE

Doc ref: 50893/21 • ECHR ID: 001-225702

Document date: June 1, 2023

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 50893/21 Zarema Rustemivna KADRYAYEVA

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 1 June 2023 as a Committee composed of:

Carlo Ranzoni, President , Lado Chanturia, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 1 October 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.I. Akhramovych, 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 that the length of proceedings, which lasted for about four years and three months before three levels of jurisdiction, cannot be considered excessive.

In view of the above, the Court finds that these complaints under Article 6 of the Convention 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 22 June 2023.

Viktoriya Maradudina Carlo Ranzoni 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

50893/21

01/10/2021

Zarema Rustemivna KADRYAYEVA

1970

21/01/2019

pending

More than 4 years and 3 months and 4 days

3 levels of jurisdiction

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