Published on 22 May 2023

FIFTH SECTION

Application no. 33088/15 Mykola Sergiyovych TKACH against Ukraine lodged on 31 July 2015 communicated on 2 May 2023

SUBJECT MATTER OF THE CASE

The application concerns the allegedly unlawful decision of the Higher Administrative Court of 9 June 2015 refusing to examine, for the failure to pay a court fee, the applicant’s cassation appeal against the decisions of the Zhytomyr Regional Administrative Court of Appeal of 8 April 2015 and the Korosten Town Court of 10 February 2015 regarding his claim for salary arrears. According to the applicant, the said decision of 9 June 2015 is contrary to Sections 4 and 5 of the Court Fee Act of 8 July 2011 imposing no court fee on this type of claims and the Higher Administrative Court disregarded the fact that he had paid no court fee for the proceedings before the lower courts. He complains, essentially, of a violation of Article 6 § 1 of the Convention.

QUESTION TO THE PARTIES

Did the applicant have access to a court for the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention, regard being had to the fact that his cassation appeal was not examined on the merits for his failure to pay a court fee (see, for instance, Kreuz v. Poland , no. 28249/95, §§ 52-67, ECHR 2001‑VI; Malahov v. Moldova , no. 32268/02, §§ 31-36, 7 June 2007; and Ciorap v. Moldova , no. 12066/02, §§ 93-96, 19 June 2007)?