Communicated on 1 February 2021 Published on 22 February 2021

FIFTH SECTION

Application no. 44305/08 Viktor Vasilyevich SEDOV against Ukraine lodged on 8 September 2008

SUBJECT MATTER OF THE CASE

The application concerns the issue of fairness of the administrative ‑ offence proceedings against the applicant, as the hearing before the Artemivskyy District Court of Lugansk of 31 January 2008 had been held in his absence.

The applicant complains that he was misinformed of the date of the hearing. In particular, the summons indicated 21 January 2008, while the actual hearing had been held on 31 January 2008.

On 24 June 2008, the Artemivskyy District Court of Lugansk rejected the extraordinary appeal ( protest ) lodged by the prosecutor in this respect following a request by the applicant.

The applicant alleges that his rights under Article 6 § 1 of the Convention were breached in his case.

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention, in particular, given his absence from the court hearing of 31 January 2008 before the Artemivskyy District Court of Lugansk (see Sejdovic v. Italy [GC], no. 56581/00, ECHR 2006 ‑ II; Nadtochiy v. Ukraine , no. 7460/03, 15 May 2008; and Igor Pascari v. The Republic of Moldova , no. 25555/10, 3 August 2016)?

2. Was the applicant duly informed of the hearing of 31 January 2008 before the Artemivskyy District Court of Lugansk?