Search
document

Document text Analytics

TZEZAR v. UKRAINE and 6 other applications

Doc ref: 73590/14;73593/14;5200/15;73820/14;4635/15;5206/15;7289/15 • ECHR ID: 001-156817

Document date: July 15, 2015

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 2

TZEZAR v. UKRAINE and 6 other applications

Doc ref: 73590/14;73593/14;5200/15;73820/14;4635/15;5206/15;7289/15 • ECHR ID: 001-156817

Document date: July 15, 2015

Cited paragraphs only

Communicated on 15 July 2015

FIFTH SECTION

Application no. 73590/14 Lyubov Nikolayevna TZEZAR against Ukraine and 6 other applications (see list appended)

THE FACTS

The applicants are Ukrainian nationals. Their dates of birth and places of residence are indicated in the attached table.

A. The circumstances of the cases

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

All of the applicants are residents of the city of Donetsk.

On different dates in 2014 the payment of social welfare benefits were suspended (see the table for details), which is confirmed by certificates, issued by the local social welfare departments.

B. Relevant domestic law and practice

1. Law “On Administration of Justice and Criminal Proceedings in Connection with the Anti-terror Operation” of 12 August 2014

Under this law, the State institutions of Ukraine, in particular courts, were removed from the areas of armed conflict and operate in neighbouring regions.

2. R esolution of the Cabinet of Ministers “On adoption of a list of cities/tows/villages where the anti-terror operation was exercised” of 30 October 2014

The resolution defined areas which are temporarily outside the State control and includes the city of Donetsk.

3. Resolution of the Cabinet of Ministers concerning “Certain issues of financing of budget-funded institutions, performance of social payments to the population and provision of financial support to certain enterprises and organisations of Donetsk and Lugansk regions” of 7 November 2014

The above resolution approved a temporary procedure for the financing of budget-funded institutions, the performance of social payments to the population and the provision of financial support to certain enterprises and organisations of Donetsk and Lugansk regions. The procedure stipulates, among other things, that budget expenditures on the territories which are temporary out of control will be made only after return of such territories under full control of the State bodies of Ukraine.

It further provides for payment of pensions and other social benefits to residents of those areas upon their request and only when they move to territories, which are under State control.

COMPLAINTS

The applicants complain under Article 1 of Protocol No. 1 to the Convention that Ukraine stopped paying their pensions and other social benefits . They further complain under Article 6 and/or Article 13 of the Convention that they could not challenge such suspension of payments in the courts, since the latter were removed out of the area of military actions. Some of the applicants (applications no. 73590/14, 73593/14, 73820/14), in respect of the above complaints, raise an issue under Article 14 about discrimination based on their place of residence.

COMMON QUESTIONS

1. Does the suspension of payments of social benefits to the applicants constitute an interference with their peaceful enjoyment of possessions, within the meaning of Article 1 of Prot ocol No. 1? If so, was that interference necessary to control the use of property in accordance with the general interest? In particular, did that interference impose an excessive individual burden on the applicant (see Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V?]

2. Do the applicants have access to the domestic courts in order to challenge the suspension of payment of their social benefits, given that the courts have been moved outside the area of the armed conflict?

3. Do the certificates of the Pension Fund presented by the applicants are valid documents?

4. How does the respondent State control social payments received by residents of occupied territories on the territories controlled by the State?

CASE SPECIFIC QUESTION

Applications nos. 73590/14, 73593/14 and 73820/14

Has the applicant suffered discrimination in the enjoyment of his/her Convention rights on the ground of his place of residence , contrary t o Article 14 of the Convention read in conjunction with Article 6 of the Convention and Article 1 of Protocol No. 1 ?

APPENDIX

No.

Application

no.

Lodged on

Applicant name

date of birth

place of residence

Type of social benefits and the beginning of suspension of its payment

Article 6 complaint

Article 1 of Protocol No. 1 complaint

Other admissible complaints

73590/14

10/11/2014

Lyubov Nikolayevna TZEZAR

02/02/1954

Donetsk

Pension

Since 1 July 2014

yes

Article 13 (the same as 6)

Article 14

73593/14

10/11/2014

Nikolay Vladimirovich TZEZAR

08/12/1952

Donetsk

Pension

Since 1 July 2014

yes

Article 13 (the same as 6)

Article 14

73820/14

10/11/2014

Svetlana Pavlovna KARLYUK

16/08/1964

Donetsk

Disability pension

Since 1 September 2014

yes

Article 13 (the same as 6)

Article 14

4635/15

14/01/2015

Kateryna Andrianivna VANINA

07/03/1926

Donetsk

Pension

Since 1 September 2014

In substance

yes

Article 13 (the same as 6)

5200/15

14/01/2015

Tetyana Kostyantynivna CHERNOVOL

24/09/1952

Donetsk

Pension

Since 1 September 2014

In substance

yes

Article 13 (the same as 6)

5206/15

14/01/2015

Tetyana Anatoliyivna VYSLA

04/04/1960

Donetsk

Pension

Since 1 September 2014

In substance

yes

Article 13 (the same as 6)

7289/15

14/01/2015

Anatoliy Leonidovych VYSLYY

08/01/1956

Donetsk

Recreation annual payment

Nutrition monthly payments

Pension

All since 1 September 2014

In substance

yes

Article 13 (the same as 6)

LEXI

Lexploria AI Legal Assistant