FIFTH SECTION
DECISION
Application no. 9481/21
Igor Stanislavovych VOYTKIV
against Ukraine
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 20 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 1 February 2021,
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. He was represented by Mr M.Y. Samulyak, a lawyer practising in Ternopil.
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
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)
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the applicant’s complaint about the length of the civil proceedings is inadmissible.
In particular, the Court notes that the proceedings were delayed in part because the parties to the proceedings, including the applicant and his lawyer, failed to attend several hearings and, for several months, no hearings could be held due to pandemic-related restrictions. Overall, the applicant failed to make an arguable case that the overall length of proceedings in the 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 Court, having found the complaint under Article 6 of the Convention inadmissible, concludes that the applicant has no arguable claim for the purposes of Article 13 of the Convention (see Rodić and Others v. Bosnia and Herzegovina, no. 22893/05, § 82, 27 May 2008). The applicant’s complaint under Article 13 of the Convention taken in conjunction with Article 6 of the Convention is thus likewise manifestly ill‑founded within the meaning of Article 35 § 3 of the Convention and must be rejected under Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 10 November 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
9481/21
01/02/2021
Igor Stanislavovych VOYTKIV
1954
16/02/2015
02/02/2021
5 years and 11 months and 18 days
3 levels of jurisdiction