FIFTH SECTIONCASE OF KASYANENKO v. UKRAINE(Application no. 52234/18)    JUDGMENT STRASBOURG16 July 2020     This judgment is final but it may be subject to editorial revision. In the case of Kasyanenko v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Lado Chanturia, President, Ganna Yudkivska, Anja Seibert-Fohr, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,Having deliberated in private on 25 June 2020,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 10 January 2019.2. The applicant was represented by Mr V. Vyazovyy, a lawyer practising in Dnipro.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.THE LAWALLEGED VIOLATION OF ARTICLE  6 § 1 AND ARTICLE 13 OF THE CONVENTION6. The applicant complained 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, 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 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).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 applicant did not have at his disposal an effective remedy in respect of these complaints.11.

Outcome for Article 13: violation