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ȘCERBININA v. THE REPUBLIC OF MOLDOVA AND RUSSIA

Doc ref: 76892/14 • ECHR ID: 001-199543

Document date: November 26, 2019

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ȘCERBININA v. THE REPUBLIC OF MOLDOVA AND RUSSIA

Doc ref: 76892/14 • ECHR ID: 001-199543

Document date: November 26, 2019

Cited paragraphs only

Communicated on 26 November 2019

SECOND SECTION

Application no. 76892/14 Irina ȘCERBININA against the Republic of Moldova and Russia lodged on 4 December 2014

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s dismissal from employment and the alleged unfairness of the ensuing court proceedings in the Transdniestrian region of Moldova. The case raises issues similar to those examined in Sobco and Ghent v. the Republic of Moldova and Russia (nos. 3060/07 and 45533/09, 18 June 2019).

The applicant complains under Article 6 of the Convention that the proceedings were not fair because the courts which examined her case were not “tribunals established by law”. She also complains under Article 13 that she did not have an effective remedy against the breach of her rights guaranteed by Article 6 of the Convention.

QUESTIONS TO THE PARTIES

1. Did the applicant come within the jurisdiction of the Republic of Moldova and/or the Russian Federation within the meaning of Article 1 of the Convention as interpreted by the Court, inter alia , in the cases of Ilaşcu and Others v. Moldova and Russia [GC], no. 48787/99, ECHR 2004-VII, and Catan and Others v. Moldova and Russia [GC], nos. 43370/04 and 2 others, §§ 102-23, ECHR 2012 (extracts), on account of the circumstances of the present case?

2. Did the applicant have a fair hearing by a tribunal established by law in the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention ( Sobco and Ghent v. the Republic of Moldova and Russia , nos. 3060/07 and 45533/09, 18 June 2019)?

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