Published on 6 February 2023

FIFTH SECTION

Application no. 10233/20 UKRKAVA, TOV against Ukraine lodged on 11 February 2020 communicated on 16 January 2023

SUBJECT MATTER OF THE CASE

The case concerns application of a provision of domestic law (first paragraph of Article 88 of Notary Act) by the Grand Chamber of the Supreme Court in a manner that was allegedly unforeseeable and contrary to the principle of legal certainty. The applicant company raises this issue under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.

QUESTIONS TO THE PARTIES

1. Did the applicant company have a fair hearing in the determination of its civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, did the Grand Chamber of the Supreme Court, when adopting its decision of 2 July 2019, act foreseeably and in accordance with the principle of legal certainty?

2. Has there been an interference with the applicant company’s peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?

Has the applicant company been deprived or at risk of being deprived of its possessions in accordance with the conditions provided for by law and in accordance with the principles of international law, within the meaning of Article 1 of Protocol No. 1?