FIFTH SECTION      CASE OF KINASH AND DZYUBENKO v. UKRAINE (Applications nos. 31090/18 and 33574/18)              JUDGMENT    STRASBOURG 9 May 2019   This judgment is final but it may be subject to editorial revision.In the case of Kinash and Dzyubenko v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Síofra O’Leary, President, Mārtiņš Mits, Lado Chanturia, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,Having deliberated in private on 4 April 2019,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.2. Notice of the applications was given to the Ukrainian Government (“the Government”).THE FACTS3. The list of applicants and the relevant details of the applications are set out in the appended table.4. The applicants complained of the excessive length of criminal proceedings and of the lack of any effective remedy in domestic law. The applicant in application no. 31090/18 also raised a complaint under Article 2 of Protocol No. 4 to the Convention.THE LAWI. JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.II. ALLEGED VIOLATION OF ARTICLE  6 § 1 AND ARTICLE 13 OF THE CONVENTION6. The applicants complained principally that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement and that they had no effective remedy in this connection. They relied on Article 6 § 1 and Article 13 of the Convention, which read as follows:Article 6 § 1“In the determination of ... any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...”Article 13“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”7. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999‑II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000‑VII).8. In the leading case of Merit v. Ukraine (no. 66561/01, 30 March 2004), the Court already found a violation in respect of issues similar to those in the present case.9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.10. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.11. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12. The applicant in application no. 31090/18 further submitted a complaint under Article 2 of Protocol No. 4 to the Convention relating to the excessive length of her obligation not to abscond (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground.

Article of the Convention at issue: Article 2
Outcome: violation