Published on 19 September 2022

FIFTH SECTION

Application no. 2300/14 Yuriy Georgiyovych MALYEYEV against Ukraine lodged on 18 December 2013 communicated on 22 February 2022

SUBJECT MATTER OF THE CASE

The application concerns the failure of the national authorities to provide the applicant, free of charge, with medicines to which allegedly he was entitled under the Law on Status and Social Protection of Chernobyl Victims (“the Law”) (Article 1 of Protocol No.1 of the Convention).

After several unsuccessful attempts to obtain free medicines from a State-run company “Pharmacies of Zaporizhzhya”, the applicant instituted judicial proceedings seeking to declare such refusals unlawful. Domestic courts at three levels of jurisdiction (the last decision dated 25 July 2013) rejected the applicant’s claim against the company and the local authorities holding that appropriate funds had not been allocated for that purpose under the Law on State Budget.

QUESTIONS TO THE PARTIES

Regard being had to the provisions of the domestic law referred to by the domestic courts in their decisions in the applicant’s case, and/or to any other relevant provisions of the domestic law, did the applicant have a “legitimate expectation” of being provided with free medicines necessary for treatment of his oncological condition, or with monetary compensation to reimburse his expenses he incurred when having purchased the necessary medicine? In particular, did the applicant satisfy the criteria established in the relevant legal instruments to benefit from the provision of free medicines? If so, was Article 1 of Protocol No. 1 respected in the present case?