Zolotov v. Ukraine

FIFTH SECTION

Application no. 46410/22 Mykhaylo Yevgenovych ZOLOTOV against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 16 May 2024 as a Committee composed of:

Carlo Ranzoni , President , Mārtiņš Mits, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 September 2022,

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.

The applicant was represented by Ms K.Y. Gubska, a lawyer practising in Odesa, Ukraine.

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

The Government raised the issue of compliance with the 4-month time ‑ limit, however, the Court considers that, in particular circumstances of the case, there is no need to decide on this matter in view of the following.

The Court, having examined all the materials submitted to it and having regard to its case-law on the subject, considers that the applicant’s complaints under Article 6 of the Convention are inadmissible since the length of the proceedings was not excessive or unreasonable (see Gusev v. Ukraine , no. 25531/12, § 37-38, 14 January 2021).

As regards the lack of any effective remedy for complaints raised above, the Court, considering its findings under Article 6 of the Convention, concludes that the applicant has no arguable claim for the purposes of Article 13 of the Convention.

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.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 6 June 2024.

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

Representative’s name and location

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

46410/22

13/09/2022

Mykhaylo Yevgenovych ZOLOTOV

1997

Gubska Khrystyna Yuriyivna

Odesa

27/09/2018

01/02/2022

3 years and

4 months and 6 days

2 levels of jurisdiction