Published on 1 June 2026
FIFTH SECTION
Application no. 31781/21
Lyubov Semenivna BUBELA
against Ukraine
lodged on 11 June 2021
communicated on 13 May 2026
SUBJECT MATTER OF THE CASE
The application concern refusals of the domestic courts to correct a mistake in a judicial decision allocating a land plot to the applicant. That mistake renders the judicial decision unenforceable in part and prevents the applicant from enjoying her property rights to the land plot in question. The application raises issues under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention.
QUESTIONS TO THE PARTIES
1. Was the applicant’s right to a court violated in the present case, given that she cannot obtain a rectification of the judgment of the Lviv Regional Court of Appeal of 11 April 2011? Does an incorrect information as to the measurements of the land plot awarded to the applicant render the aforesaid judgment unenforceable in that part?
2. Was Article 6 § 1 of the Convention under its civil head applicable to the proceedings which the applicant undertook to correct a mistake of the land plot measurement in the judgment of the Lviv Regional Court of Appeal of 11 April 2011?
3. If so, 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?
4. If so, did the applicant have a fair hearing in the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention?
5. Has there been an interference with the applicant’s peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?
6. If so, was that interference necessary to control the use of property in accordance with the general interest?