FIFTH SECTION      CASE OF SHUMELNA v. UKRAINE (Application no. 10494/18)              JUDGMENT    STRASBOURG 21 February 2019   This judgment is final but it may be subject to editorial revision.In the case of Shumelna 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 31 January 2019,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 21 February 2018.2. The applicant was represented by Mr D.S. Kucherenko, a lawyer practising in Zaporizhzhya.3. Notice of the application was given to the Ukrainian Government (“the Government”).THE FACTS4. The applicant’s details and information relevant to the application are set out in the appended table.5. The applicant complained of the excessive length of civil proceedings and of the lack of any effective remedy in domestic law.THE LAWI. ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION6. The applicant complained that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement and that she had no effective remedy in this connection. She 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.”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 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).8. 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.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 on 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 applicant did not have at her disposal an effective remedy in respect of these complaints.11. APPLICATION OF ARTICLE 41 OF THE CONVENTION12.

Outcome for Article 13: violation