FIFTH SECTION

Application no . 17735/06 Valeriy Grigoryevich CHOPENKO against Ukraine lodged on 14 April 2006

The facts and complaints in this case have been summarised in the Statement of Facts , which is available in HUDOC.

The parties ’ further observations should be limited to the following aspects of the case.

On 12 January 2006 Article 391 of the Criminal Procedure Code of Ukraine was amended by introduction of a one-month time-limit for lodging request to attend the hearing in the Supreme Court in a criminal case. During this period such request was binding for the court. These amendments entered into force on 7 February 2006. The applicant ’ s request of 17 February 2006 was rejected by the Supreme Court as lodged outside the time-limit.

QUESTIONS

Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention and in the light of the procedural guarantees afforded by paragraph 3 (c) of this provision? In particular, w as the Supreme Court ’ s refusal for the applicant to participate in a court hearing based on law, in view of changes introduced to the Criminal Procedure Code on 12 January 2006?