Communicated on 10 July 2018

FOURTH SECTION

Application no. 24233/09 Yuriy Mykhaylovych ZELYK against Ukraine lodged on 25 April 2009

STATEMENT OF FACTS

The applicant, Mr Yuriy Mykhaylovych Zelyk , is a Ukrainian national, who was born in 1958 and lives in Kryzke .

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

1. Proceedings for depravation of legal capacity

On 3 December 2007 the Markivka District Court deprived the applicant of legal capacity in view of his chronic mental disorder. On 23 July 2008 the Luhansk Regional Court of Appeal quashed that decision given that the applicant had not been properly summoned for the hearing and remitted the case to the first-instance court for a fresh hearing. On 7 October 2008 the proceedings were discontinued without any decision being taken on the merits.

In August 2013, at the request of the local authorities, the Markivka District Court commenced a new set of proceedings for depriving the applicant of legal capacity. The outcome of these proceedings is unknown to the Court.

2. Divorce proceedings

On 25 January 2008 the Markivka District Court dissolved the marriage between the applicant and his wife. On 4 August 2008 the Luhansk Regional Court of Appeal dismissed as inadmissible the applicant ’ s appeal. It considered that the applicant, as a legally incapable person, had no standing to lodge an appeal in person. On 8 December 2008 the Supreme Court relied on the same grounds to dismiss as inadmissible the applicant ’ s cassation appeal.

COMPLAINT

The applicant complains that in the divorce proceedings his right of access to the Court of Appeal and the Supreme Court had been groundlessly restricted.

QUESTION TO THE PARTIES

With regard to the divorce proceedings, did the applicant have access to the Court of Appeal and the Supreme Court in accordance with the requirements of Article 6 § 1 of the Convention ?