Communicated on 7 December 2017
FIFTH SECTION
Application no. 31195/13
Viktor Ivanovych KOLOMIYETS and Others
against Ukraine
lodged on 18 April 2013
STATEMENT OF FACTS
The applicants, Mr. Viktor Ivanovych Kolomiyets, who was born in 1950 and lives in Lugansk, Mr. Volodymyr Viktorovych Kolomiyets, who was born in 1976 and lives in Lugansk, and Mr. Sergiy Viktorovych Kolomiyets, who was born in 1975 and lives in Severodonetsk, are Ukrainian nationals.
The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 7 December 2010 the applicants instituted civil proceedings in a case relating to social payments. On 20 December 2010 the Zhovtnevyy Local Court of Lugansk refused to examine the merits of the applicants’ claim on the grounds that it fell to be examined under the administrative justice procedure. On 15 March 2011 the applicants accordingly lodged administrative proceedings. On 29 November 2011 the Zhovtnevyy Local Court of Lugansk rejected the claim. On 1 March 2012 the Donetsk Administrative Court of Appeal quashed the above judgment and terminated the proceedings on the grounds that it fell to be examined under the civil justice procedure. On 11 October 2012 the Higher Administrative Court upheld the above decision.
COMPLAINT
The applicants complain under Article 6 § 1 of the Convention about the failure of the domestic courts to examine the merits of their respective claims, which deprived them of their right of access to court.
QUESTION
Has there been a violation of the applicants’ right of access to a court under Article 6 § 1 of the Convention in respect of the termination of the proceedings in their case on the ground that the domestic courts had no subject matter jurisdiction over them?
APPENDIX
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Viktor Ivanovych KOLOMIYETS
1950
Ukrainian
Lugansk
Sergiy Viktorovych KOLOMIYETS
1975
Ukrainian
Syevyerodonetsk
Volodymyr Viktorovych KOLOMIYETS
1976
Ukrainian
Lugansk
Full & Egal Universal Law Academy