TSYGANENKO v. UKRAINE
Doc ref: 66259/14 • ECHR ID: 001-181773
Document date: February 22, 2018
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Communicated on 22 February 2018
FIFTH SECTION
Application no. 66259/14 Oleksandr Petrovych TSYGANENKO against Ukraine lodged on 25 November 2013
STATEMENT OF FACTS
The applicant, Mr. Oleksandr Petrovych Tsyganenko , is a Ukrainian national who was born in 1953 and lives in Lviv .
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant lodged a claim with the domestic courts seeking acknowledgment of the inactivity of investigating officers in his case concerning fraud and seeking compensation.
On 10 February 2011 the Zaliznychnyy District Court of Lviv refused to consider the applicant ’ s claim as lacking jurisdiction, referring the applicant to the administrative courts. No appeal was lodged; the decision therefore entered into force.
On 17 February 2011 the applicant lodged an administrative claim. On 18 February 2011 the Lviv Circuit Administrative Court refused to examine the merits of the applicant ’ s administrative claim as it had no jurisdiction over the matter. Following an appeal by the applicant, on 11 October 2011 the Lviv Administrative Court of Appeal upheld the above-mentioned decision. Following a further appeal by the applicant, on 23 May 2013 the Higher Administrative Court upheld the lower courts ’ decisions.
COMPLAINT
The applicant complains under Articles 6 § 1 and 13 of the Convention of the failure of the domestic courts to examine the merits of his claim, thus depriving him of his right of access to court .
QUESTION
Has there been a violation of the applicant ’ s right of access to a court under Article 6 § 1 of the Convention in respect of the termination of the proceedings in his case on the grounds that the domestic courts had no subject-matter jurisdiction over it?
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