Communicated on 21 April 2016
FIFTH SECTION
Application no. 65329/12
Ivan Sergiyovych LEBED against Ukraine
and 8 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are Ukrainian nationals. Their personal details are set out in the appendix.
In disputes between them and the domestic pension authorities, the first‑instance courts ruled in their favour. However, the defendant authorities appealed and the administrative courts of appeal quashed the judgments in their favour, dismissing their claims.
The applicants allege that they were not, as required by domestic law, sent a copy of the defendants’ appeals in their respective cases or of the ruling opening appeal proceedings and were therefore unable to present their position at appellate level.
They learned of the relevant decisions at later dates, either after they had requested information from the courts about the progress of the proceedings or after their pensions had been reduced.
Other information relevant to their cases is contained in the appendix.
COMPLAINT
The applicants complain under Article 6 of the Convention that they were not sent a copy of the defendants’ appeals or the rulings opening the appeal proceedings in their respective cases and were, on that account, prevented from presenting their position at appellate level.
QUESTION to the Parties
Was the principle of equality of arms, as required by Article 6 § 1 of the Convention, respected during the proceedings in the applicants’ cases before the administrative courts of appeal on account of the alleged failure of the domestic appellate courts to serve on the applicants copies of appeals or the rulings opening appeal proceedings in their cases?
APPENDIX
No.
Application
no.
Lodged on
Applicant’s name
date of birth
place of residence
Representative
First-instance court and date of judgment
Appellate court and date of decision
Date of the Higher Administrative Court (“HAC”) ruling on appeal on points of law
65329/12
03/10/2012
Ivan Sergiyovych LEBED
03/10/1948
Dnipropetrovsk
None
Dnipropetrovsk Leninsky District Court, 25/04/2011
Dnipropetrovsk Administrative Court of Appeal (“DACA”), 25/10/2011
23/08/2012
70329/12
23/10/2012
Gayana Petrivna LAZARENKO
02/08/1938
Dnipropetrovsk
None
Dnipropetrivsk Kirovsky District Court, 11/08/2011
DACA, 27/09/2012
26/10/2012
76418/12
14/11/2012
Oleksandr Yevgeniyovych YENYUKOV
16/07/1952
Zaporizzhya
Olena Petrivna RYEPYENKO
Zaporizhzhya Khortytsky District Court, 02/06/2011
DACA, 25/05/2012
07/08/2012
9041/13
21/01/2013
Mykola Oleksandrovych DEMSKYY
21/12/1956
Dnipropetrovsk
None
Dnipropetrovsk Leninskyy District Court, 01/06/2011
DACA, 06/07/2012
No right to appeal
9755/13
21/01/2013
Lyudmyla Volodymyrivna NOVYTSKA
02/05/1947
Dnipropetrovsk
None
Dnipropetrovsk Krasnogvardiyskyy District Court, 30/05/2011
DACA, 20/09/2012
No right to appeal
15901/13
19/02/2013
Mariya Vasylivna PIVKHLOPKO
22/05/1942
Dnipropetrovsk
None
Dnipropetrovsk Leninskyy District Court, 20/07/2011
DACA, 17/07/2012
No right to appeal
18656/13
10/09/2013
Viktor Petrovych NAZARENKO
10/10/1939
Kryvyy Rig
None
Kryviy Rih Dovgyntsivskyy District Court, 18/02/2011
DACA, 26/06/2012
No right to appeal
27320/13
12/04/2013
Vyacheslav Viktorovych Kucherenko
25/06/1950
Dnipropetrovsk
None
Dnipropetrovsk Industrialnyy District Court, 11/01/2011
DACA, 01/11/2012
No right to appeal
61147/14
02/09/2014
Lyubov Kindrativna
VICHKANOVA
19/04/1956
Lozuvativka
None
Kryviy Rih Tsentralno-Miskyy District Court, 26/04/2011
DACA, 06/12/2013
No right to appeal
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