Published on 20 September 2021

FIFTH SECTION

Application no. 11992/19 Denys Sergiyovych ANIKIN against Ukraine and 2 other applications (see list appended) communicated on 30 August 2021

SUBJECT MATTER OF THE CASE

The applications concern complaints by three practicing lawyers, under, inter alia , Article 8 of the Convention, of an allegedly unlawful and unjustified order of the Pecherskyi District Court in Kyiv taken on 7 February 2019. That order obliged a telecommunications operator to disclose to prosecutors a wide range of the applicants’ telecommunications data concerning a three-year period. The court order indicated that it was not subject to appeal. Disclosure of that data was requested on the ground that the applicants could have been implicated in the criminal offence under investigation, namely, alleged fraud related to medical reports concerning the health status of a Mr O.Sh.

The applicants allege that when seeking a court order to access the data in question, the prosecutors deliberately omitted to indicate to the court that the request concerned practising lawyers and, moreover, legal counsel to Mr O.Sh. in the ongoing criminal proceedings against him.

QUESTIONS TO THE PARTIES

1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?

2. Has there been an interference with the applicants’ right to respect for their private life or correspondence, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?

APPENDIX

No.

Application no./

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

1.

11992/19

Anikin v. Ukraine

27/05/2019

Denys Sergiyovych ANIKIN 1980 Kyiv Ukrainian

2.

42783/19

Tsygankov v. Ukraine

01/08/2019

Andriy Igorovych TSYGANKOV 1967 Kyiv Ukrainian

3.

42784/19

Plisa v. Ukraine

01/08/2019

Nataliya Mykhaylivna PLISA 1969 Kyiv Ukrainian