Published on 5 December 2022

FIFTH SECTION

Application no. 66965/13 Larysa Vasylivna CHERNOVA against Ukraine lodged on 16 October 2013 communicated on 14 November 2022

SUBJECT MATTER OF THE CASE

The case concerns the applicant’s right of access to court (Article 6 § 1 of the Convention).

The applicant instituted judicial proceedings seeking reinstatement and compensation for non-pecuniary damage caused by her allegedly unlawful dismissal. On 31 October 2012 a first instance court found against the applicant in her absence. She did not receive a copy of the decision despite her repeated requests and therefore lodged her appeals on points of fact and law without being aware of its content. The applicant received a copy of the decision of 31 October 2012 only on 13 February 2013, after the time-limit for lodging an appeal had expired. She raised this issue before the higher courts.

The final decision in the applicant’s case was delivered by the Higher Specialised Court on 27 February 2013 and the applicant received it on 23 April 2013.

QUESTION TO THE PARTIES

Did the applicant have access to a court for the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention, given that she received the first instance court decision only after the time ‑ limits for lodging an appeal against it expired?