Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

TSYGANENKO v. UKRAINE

Doc ref: 66259/14 • ECHR ID: 001-181773

Document date: February 22, 2018

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 0

TSYGANENKO v. UKRAINE

Doc ref: 66259/14 • ECHR ID: 001-181773

Document date: February 22, 2018

Cited paragraphs only

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?

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846