12164/24;27989/24;28320/24;29908/24;30678/24;37755/24;164/25;4334/25;8396/25;10175/25;11313/25

FIFTH SECTION CASE OF MOTSNYY AND OTHERS v. UKRAINE (Applications nos. 12164/24 and 10 others – see appended list)             JUDGMENT   STRASBOURG 27 November 2025     This judgment is final but it may be subject to editorial revision. In the case of Motsnyy and Others v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:  Andreas Zünd, President,  Diana Sârcu,  Mykola Gnatovskyy, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 6 November 2025, 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 criminal proceedings and of the lack of any effective remedy in domestic law. THE LAW JOINDER OF THE APPLICATIONS 5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. ALLEGED VIOLATION OF ARTICLE  6 § 1 AND ARTICLE 13 OF THE CONVENTION 6.  The applicants complained that the length of the criminal 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, 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 Nechay v. Ukraine (no. 15360/10, 1 July 2021) 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 the Government’s objections, 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. APPLICATION OF ARTICLE 41 OF THE CONVENTION 12.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Bevz v. Ukraine, no. 7307/05, § 52, 18 June 2009), the Court finds it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the applications admissible; Holds that these applications disclose a breach of Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law; Holds (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 27 November 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Andreas Zünd  Acting Deputy Registrar President       APPENDIX List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention (excessive length of criminal 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]     12164/24 05/04/2024 Oleksandr Oleksandrovych MOTSNYY Uroda Oleksandr Vyacheslavovych Khmelnytskyy 05/06/2004 28/02/2014   20/03/2008 05/08/2024   14 year(s) and 2 month(s) and 25 day(s)   3 level(s) of jurisdiction   2,400     27989/24 13/09/2024 Sergiy Volodymyrovych DENYSOV     05/10/2021   12/06/2025   3 year(s) and 8 month(s) and 8 day(s)   1 level(s) of jurisdiction 1,200     28320/24 14/09/2024 Viktoriya Alymivna TATARENKOVA Goliver Pavlo Volodymyrovych Kryvyy Rig 10/09/2018   pending   More than 7 year(s) and 27 day(s)   3 level(s) of jurisdiction   1,800     29908/24 04/10/2024 Viktor Yuriyovych DUBROVIN Goliver Pavlo Volodymyrovych Kryvyy Rig 11/02/2019   pending   More than 6 year(s) and 7 month(s) and 26 day(s)   1 level(s) of jurisdiction 2,400     30678/24 08/10/2024 David Nuzgariyovych DOIDZHASHVILI     24/03/2017   10/06/2024   7 year(s) and 2 month(s) and 18 day(s)   1 level(s) of jurisdiction 1,700     37755/24 02/12/2024 Petro Ivanovych GANCHEV   Kovalyov Dmytro Valeriyovych Zaporizhzhya 25/04/2014   pending   More than 11 year(s) and 5 month(s) and 12 day(s)   3 level(s) of jurisdiction 3,000     164/25 04/12/2024 Sergiy Yuriyovych PARIY   Kovalyov Dmytro Valeriyovych Zaporizhzhya 21/05/2018   pending   More than 7 year(s) and 4 month(s) and 16 day(s)   2 level(s) of jurisdiction 1,800     4334/25 29/01/2025 Oleksandr Volodymyrovych TEREKH Mytsyk Oleg Volodymyrovych Lviv 29/08/2015   16/06/2025   9 year(s) and 9 month(s) and 19 day(s)   2 level(s) of jurisdiction   3,000     8396/25 04/03/2025 Oleksiy Mykolayovych KAPUSTIN Kyyanenko Darya Olegivna Dnipro 13/08/2018   pending   More than 7 year(s) and 1 month(s) and 24 day(s)   2 level(s) of jurisdiction 1,800   10175/25 25/03/2025 Andriy Teodoziyovych SHUPA     01/04/2020   pending   More than 5 year(s) and 6 month(s) and 6 day(s)   1 level(s) of jurisdiction 1,800   11313/25 24/03/2025 Yaroslav Vyacheslavovych SAMARSKYY Semenov Maksym Vyacheslavovych Zaporizhzhya 20/01/2015   27/11/2024   9 year(s) and 10 month(s) and 8 day(s)   3 level(s) of jurisdiction 2,400   [1] Plus any tax that may be chargeable to the applicants.