CASE OF ZHABYNETS v. UKRAINE

FIFTH SECTION

CASE OF ZHABYNETS v. UKRAINE

(Application no. 16706/16)

JUDGMENT

STRASBOURG

16 January 2025

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

In the case of Zhabynets v. Ukraine,

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

 Diana Sârcu, President,
 Kateřina Šimáčková,
 Mykola Gnatovskyy, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 5 December 2024,

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

PROCEDURE

1.  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 March 2016.

2.  The Ukrainian Government (“the Government”) were given notice of the application.

THE FACTS

3.  The applicant’s details and information relevant to the application are set out in the appended table.

THE LAW

4.  The applicant complained that the length of the civil 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.

5.  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).

6.  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.

7.  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.

8.  The Court further notes that the applicant did not have at his disposal an effective remedy in respect of these complaints.

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

10.  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 sum indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a)  that the respondent State is to pay the applicant, within three months, the amount 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 amount 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 16 January 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Diana Sârcu
 Acting Deputy Registrar President

APPENDIX

Application 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)

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