Essence of the decision:
The European Court of Human Rights (ECHR) examined five joined applications against Ukraine concerning excessive length of civil proceedings and lack of effective remedies. The Court found violations of Article 6 § 1 and Article 13 of the Convention in all cases, where proceedings lasted between 5 and 9 years, which was deemed unreasonable.
Structure and main provisions:
1. The Court joined five separate applications due to similar subject matter
2. The Court assessed the reasonableness of proceedings length based on:
– Case complexity
– Conduct of applicants and authorities
– What was at stake for applicants
3. The Court referenced previous cases (Karnaushenko v. Ukraine and Polyakh and Others v. Ukraine) as precedents
4. The Court found violations in all cases and awarded monetary compensation ranging from 500 to 4,200 euros
Key important provisions:
1. The Court confirmed that Ukraine lacks effective remedies for complaints about lengthy civil proceedings
2. The decision establishes specific compensation amounts based on the duration of proceedings:
– Longest case (9+ years) – 4,200 euros
– Medium duration (7-8 years) – 1,200 euros
– Shorter duration (5+ years) – 500 euros
3. The Court ordered payments to be made within three months, with interest applicable after that period at the European Central Bank’s marginal lending rate plus three percentage points
The decision reinforces the Court’s position on the systematic problem of lengthy civil proceedings in Ukraine and establishes clear compensation guidelines for similar violations.
