Published on 1 June 2026
FIFTH SECTION
Application no. 26911/23
Mykhaylo Ivanovych KOBAL
against Ukraine
lodged on 21 June 2023
communicated on 13 May 2026
SUBJECT MATTER OF THE CASE
The application concerns refusal of domestic courts to entertain the applicant’s complaint against a decision of the Ethics Council in the selection process to the position of a member of the High Council of Justice, as well as inability to challenge publication of the findings of the Ethnic Council which contain negative information about the applicant on the website of the High Council of Justice. It raises issues of access to court under Article 6 § 1 of the Convention and of interference with the applicant’s private life and lack of remedies in that respect under Articles 8 and 13 of the Convention.
QUESTIONS TO THE PARTIES
1. Was Article 6 § 1 of the Convention under its civil head applicable to the proceedings in the applicant’s case?
2. If so, 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?
3. Has there been an interference with the applicant’s right to respect for his private life, within the meaning of Article 8 § 1 of the Convention?
4. If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
5. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 8, as required by Article 13 of the Convention? Did he exhaust that remedy?