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PUSTOVYY v. UKRAINE and 8 other applications

Doc ref: 63452/17;66624/17;68073/17;72743/17;13063/18;8077/19;51757/19;55770/19;58464/19 • ECHR ID: 001-209010

Document date: March 2, 2021

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PUSTOVYY v. UKRAINE and 8 other applications

Doc ref: 63452/17;66624/17;68073/17;72743/17;13063/18;8077/19;51757/19;55770/19;58464/19 • ECHR ID: 001-209010

Document date: March 2, 2021

Cited paragraphs only

Communicated on 2 March 2021 Published on 22 March 2021

FIFTH SECTION

Application no. 63452/17 Vyacheslav Leonidovych PUSTOVYY against Ukraine and 8 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applicants were found guilty of the following administrative (minor) offences:

- malicious disobedience to police (no. 63452/17),

- driving under the influence of alcohol (nos. 66624/17 and 13063/18);

- refusal to undergo an alcohol/drug intoxication test at the instruction of traffic police (the remaining six applications).

The applicant in case no. 63452/17 was sentenced to fifty hours of community work. The sentence in all the other cases was a fine of 10,200 Ukrainian hryvnias (equal to about 350 euros) and withdrawal of the driving licence for a one-year period.

All the applications concern the alleged lack of impartiality of the courts in the administrative offence proceedings against the applicants on account of the examination of the matter in the absence of a prosecuting party. The applicants claim that in such circumstances the courts could be regarded as having taken on the role of the prosecution.

Applications nos. 63452/17 and 72743/17 (introduced by the same person in respect of two different sets of proceedings) also concern the applicant ’ s inability to question the eyewitnesses of the events, which led to his conviction in those two sets of administrative offence proceedings (firstly, for malicious disobedience to police and, secondly, for refusal to undergo an alcohol/drug intoxication test), even though their written statements were used against him.

QUESTION TO THE PARTIES AS REGARDS ALL THE APPLICATIONS:

Has there been a violation of the impartiality requirement under Article 6 § 1 of the Convention on account of the absence of the prosecuting party from the proceedings (see Karelin v. Russia , no. 926/08, 20 September 2016, and Mikhaylova v. Ukraine , no. 10644/08, 6 March 2018)?

ADDITIONAL QUESTION TO THE PARTIES AS REGARDS APPLICATIONS NOS. 63452/17 AND 72743/17:

Was the applicant able to examine the witnesses of the incident of 8 February 2017, whose written testimonies were used against him in both sets of proceedings? Was there a violation of his rights under Article 6 § 3 (d) of the Convention on that account?

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant ’ s full name

First level of jurisdiction

Appeal proceedings

63452/17

Pustovyy v. Ukraine

15/08/2017

Vyacheslav Leonidovych PUSTOVYY

28 February 2017, the Dnipropetrovsk Industrialnyy District Court

20 April 2017, the Dnipropetrovsk Regional Court of Appeal

66624/17

Sugay v. Ukraine

19/08/2017

Viktor Volodymyrovych SUGAY

3 February 2017, the Vynogradiv Town Court

16 May 2017, the Zakarpattya Regional Court of Appeal

68073/17

Glushchenko v. Ukraine

07/09/2017

Maksym Pavlovych GLUSHCHENKO

10 February 2017, the Vinnytsia City Court

23 March 2017, the Vinnytsia Regional Court of Appeal

72743/17

Pustovyy v. Ukraine

25/09/2017

Vyacheslav Leonidovych PUSTOVYY

3 May 2017, the Dnipropetrovsk District Court

7 July 2017, the Dnipropetrovsk Regional Court of Appeal

13063/18

Bantysh v. Ukraine

04/03/2018

Sergiy Anatoliyovych BANTYSH

26 July 2017, the Kirovograd City Court

6 September 2017, the Kirovograd Regional Court of Appeal

8077/19

Lobchuk v. Ukraine

30/01/2019

Mykola Ivanovych LOBCHUK

5 April 2018, the Rivne City Court

30 July 2017, the Rivne Regional Court of Appeal

51757/19

Myrgorodskyy v. Ukraine

20/09/2019

Andriy Valeriyovych MYRGORODSKYY

19 April 2019, Dniprodzerzhynsk Zavodskyy District Court

30 May 2019, the Dnipro Court of Appeal

55770/19

Pushkaryov v. Ukraine

14/10/2019

Denys Valeriyovych PUSHKARYOV

1 February 2019, the Kyiv Svyatoshynskyy District Court

15 April 2019, the Kyiv Court of Appeal

58464/19

Shyrokov v. Ukraine

29/10/2019

Sergiy Leonidovych SHYROKOV

24 January 2019, the Kyiv Svyatoshynskyy District Court

13 May 2019, the Kyiv Court of Appeal

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