Communicated on 7 December 2017

FIFTH SECTION

Application no. 31195/13 Viktor Ivanovych KOLOMIYETS and Others against Ukraine lodged on 18 April 2013

STATEMENT OF FACTS

The applicants, Mr. Viktor Ivanovych Kolomiyets , who was born in 1950 and lives in Lugansk, Mr. Volodymyr Viktorovych Kolomiyets , who was born in 1976 and lives in Lugansk, and Mr. Sergiy Viktorovych Kolomiyets , who was born in 1975 and lives in Severodonetsk , are Ukrainian nationals.

The circumstances of the case

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

On 7 December 2010 the applicants instituted civil proceedings in a case relating to social payments. On 20 December 2010 the Zhovtnevyy Local Court of Lugansk refused to examine the merits of the applicants ’ claim on the grounds that it fell to be examined under the administrative justice procedure. On 15 March 2011 the applicants accordingly lodged administrative proceedings. On 29 November 2011 the Zhovtnevyy Local Court of Lugansk rejected the claim. On 1 March 2012 the Donetsk Administrative Court of Appeal quashed the above judgment and terminated the proceedings on the grounds that it fell to be examined under the civil justice procedure. On 11 October 2012 the Higher Administrative Court upheld the above decision.

COMPLAINT

The applicants complain under Article 6 § 1 of the Convention about the failure of the domestic courts to examine the merits of their respective claims, which deprived them of their right of access to court .

QUESTION

Has there been a violation of the applicants ’ right of access to a court under Article 6 § 1 of the Convention in respect of the termination of the proceedings in their case on the ground that the domestic courts had no subject matter jurisdiction over them?

APPENDIX

N o .

Firstname LASTNAME

Birth year

Nationality

Place of residence

Viktor Ivanovych KOLOMIYETS

1950Ukrainian

Lugansk

Sergiy Viktorovych KOLOMIYETS

1975Ukrainian

Syevy erodonetsk

Volodymyr Viktorovych KOLOMIYETS

1976Ukrainian

Lugansk