FIFTH SECTION
DECISION
Application no. 23454/21
Maryna Vasylivna GORPINCHENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 17 May 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 19 April 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’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
In the present application, having examined all the material before it, the Court notes that the domestic proceedings lasted about five years and six months before three levels of jurisdiction (see the appended table), which cannot be considered excessive taking into account the complexity of the case, the behaviour of the parties and the lack of any substantial periods of inactivity on the part of the authorities.
Thus, the Court finds that the applicant’s complaints under Article 6 § 1 of the Convention are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Moreover, since the applicant’s complaints under Article 6 § 1 are inadmissible, it follows that she has no “arguable claim” of a violation of her rights under Article 6 § 1 for the purposes of Article 13 of the Convention. Consequently, this complaint is also manifestly ill-founded.
In view of the above, the Court finds that the application is inadmissible 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 8 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 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
23454/21
19/04/2021
Maryna Vasylivna GORPINCHENKO
1971
01/09/2016
17/02/2022
5 years and 5 months and 17 days
3 levels of jurisdiction