FIFTH SECTIONCASE OF GAVRYLYUK v. UKRAINE(Applications nos. 19612/23 and 33083/23)      JUDGMENT STRASBOURG5 September 2024 This judgment is final but it may be subject to editorial revision.In the case of Gavrylyuk v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Carlo Ranzoni, President, Mārtiņš Mits, María Elósegui, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 11 July 2024,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in two 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 dates indicated in the appended table.2. The applicant was represented by Mr Y.O. Kanikayev, a lawyer practising in Odesa.3. The Ukrainian Government (“the Government”) were given notice of the application.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 criminal proceedings and of the lack of any effective remedy in domestic law. He also raised other complaints under the provisions of the Convention.THE LAWJOINDER OF THE APPLICATIONS6. The applicant complained principally that the length of the criminal proceedings in question 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.ALLEGED VIOLATION OF ARTICLE  6 § 1 AND ARTICLE 13 OF THE CONVENTION7. The applicant complained principally that the length of the criminal proceedings in question 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.8. 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, 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).9. In the leading case of Nechay v. Ukraine (no. 15360/10, 1 July 2021) the Court already found a violation in respect of issues similar to those in the present case.10. 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.11. The Court further notes that the applicant did not have at his disposal an effective remedy in respect of these complaints.12. The applicant submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground.

Outcome for Article 5: violation