FIFTH SECTION      CASE OF BALAKIREV AND OTHERS v. UKRAINE (Applications nos. 61109/10 and 33773/18)              JUDGMENT    STRASBOURG 11 July 2019   This judgment is final but it may be subject to editorial revision.In the case of Balakirev and Others v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Yonko Grozev, President, Ganna Yudkivska, André Potocki, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,Having deliberated in private on 20 June 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 civil proceedings and of the lack of any effective remedy in domestic law.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 that the length of the civil 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 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. After examining all the material submitted to it, the Court considers that the complaints raised in application no. 61109/10 by Mr Lebyak and Mr Roshka are inadmissible since they joined the proceedings on a later date (23 June 2005 and 16 May 2005, respectively). Therefore the length of the proceedings (5 years, 9 months, 1 day and 5 years, 9 months, 10 days, respectively, before 3 levels of jurisdiction) was not excessive or unreasonable (see, Yuryeva and Yuryev v. Ukraine, no. 3431/03, § 43, 31 July 2012). Accordingly, the above complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.8. As regards the remaining applicants’ complaints under Articles 6 § 1 and 13 of the Convention, 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 Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).9. 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.10. 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.11. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.12. APPLICATION OF ARTICLE 41 OF THE CONVENTION13.

Outcome for Article 13: violation