FIFTH SECTIONCASE OF MYKOLAYCHUK v. UKRAINE(Application no. 24259/20)      JUDGMENT STRASBOURG29 April 2021 This judgment is final but it may be subject to editorial revision.In the case of Mykolaychuk v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Stéphanie Mourou-Vikström, President, Jovan Ilievski, Mattias Guyomar, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 8 April 2021,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 25 May 2020.2. The Ukrainian Government (“the Government”) were given notice of the application.THE FACTS3. The applicant’s details and information relevant to the application are set out in the appended table.4. The applicant complained of the excessive length of civil proceedings and of the lack of any effective remedy in domestic law.THE LAWALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION5. The applicant complained that the length of the civil proceedings in his case had been incompatible with the “reasonable time” requirement and that he had no effective remedy in this connection. He relied on Article 6 § 1 and Article 13 of the Convention, which read as follows:Article 6 § 1“In the determination of his civil rights and obligations ... 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.”6. 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 applicant and the relevant authorities and what was at stake for the applicant in the dispute (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).7. In the leading case of Krasnoshapka v. Ukraine, no. 23786/02, 30 November 2006, the Court already found a violation in respect of issues similar to those in the present case.8. Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. 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. The Court further notes that the applicant did not have at his disposal an effective remedy in respect of these complaints.9.

Article of the Convention at issue: Article 13
Outcome: violation