Communicated on 26 March 2020 Published on 25 May 2020

FIFTH SECTION

Application no. 57211/13 Ivan Ivanovych VYELYEV against Ukraine lodged on 27 August 2013

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s complaint under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 that the judgment of the Dnipropetrovsk Administrative Court of Appeal of 7 September 2011 ordering recalculation of the applicant ’ s pension – which was delivered in abridged procedure and was not amendable to appeal according to the law – was quashed by the Higher Administrative Court on 4 July 2013 following examination of the defendant ’ s cassation appeal. The applicant ’ s claim was eventually rejected by that court.

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of legal certainty respected given that the final judgment of 7 September 2011 was quashed?

2. Did the quashing of the judgment of 7 September 2011 in the applicant ’ s favour constitute an interference with the applicant ’ s right to the peaceful enjoyment of his possessions, within the meaning of Article 1 of Protocol No. 1? If so, was the interference necessary to control the use of property in accordance with the general interest and proportionate in its impact on the applicant ’ s right under Article 1 of Protocol No. 1?

The Government are requested to provide all procedural documents relevant to the case.