FIFTH SECTION

CASE OF SYVYY AND OTHERS v. UKRAINE

(Application no. 2557/21 and 2 others –

see appended list)

JUDGMENT

STRASBOURG

2 March 2023

This judgment is final but it may be subject to editorial revision.

In the case of Syvyy and Others v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

Mārtiņš Mits , President , Mattias Guyomar, Mykola Gnatovskyy , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 2 February 2023,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. 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. The Ukrainian Government (“the Government”) were given notice of the applications.

THE FACTS

3. 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 LAW

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6. 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.

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 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).

8. In the leading case of Karnaushenko v. Ukraine, no. 23853/02, 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, and having also reiterated the decision of the President of the Court in 2020 introducing the three-month extension of the six-month time-limit for lodging an application, as a consequence of the lockdown imposed in France on account of the COVID ‑ 19 pandemic (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022), 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.

10. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.

11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 and of Article 13 of the Convention.

12. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Karnaushenko, cited above, §§ 70 and 75), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 2 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Mārtiņš Mits

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of civil proceedings and lack of any effective remedy in domestic law)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Start of proceedings

End of proceedings

Total length Levels of jurisdiction

Amount awarded for pecuniary and non-pecuniary damage per applicant (in euros) [1]

2557/21

29/12/2020

Ruslan Petrovych SYVYY

1968Vlasova Tamara Sergiyivna

Rivne

16/04/2015

20/05/2020

5 years and 1 month and 5 days

2 levels of jurisdiction

1,200

13739/21

24/02/2021

Volodymyr Andriyovych BABYCH

1968

11/07/2013

18/09/2019

(notified to the application on 04/01/2021)

6 years and 2 months and 8 days

3 levels of jurisdiction

500

31813/21

14/06/2021

Oleksandr Sergiyovych KOSTRUB

1979

09/08/2017

21/02/2022

4 years and 6 months and 13 days

1 level of jurisdiction

1,500

[1] Plus any tax that may be chargeable to the applicants.