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