Published on 11 August 2025
FIFTH SECTION
Application no. 9694/19
Vasyl Ivanovych NOVYTSKYY
against Ukraine
lodged on 27 January 2019
communicated on 23 July 2025
SUBJECT MATTER OF THE CASE
The application concerns an alleged breach of the principle of equality of arms in administrative proceedings initiated by the applicant against the local Technical Inventory Bureau after it had refused to register his title to a warehouse.
On 20 August 2010 the Kyiv Circuit Administrative Court allowed the applicant’s claim. It appears that in September 2010 its judgment became binding.
On 11 March 2011, following an appeal lodged by the warehouse’s former owner, B., the Kyiv Administrative Court of Appeal quashed the first‑instance judgment. The appeal hearing was held in the absence of the applicant but in the presence of B.’s representative.
According to the applicant, he learned of the appeal court’s decision only in November 2017. On 31 July 2018 the Supreme Court refused to extend the time-limit for him to lodge a cassation appeal.
Relying on Article 6 of the Convention, the applicant mainly complains that he was denied a fair hearing because he was not notified of the appeal proceedings and was not served with a copy of B.’s appeal. He also invokes Article 13 of the Convention.
QUESTIONS TO THE PARTIES
1. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected during the proceedings before the Kyiv Administrative Court of Appeal in the applicant’s case (see Lazarenko and Others v. Ukraine, nos. 70329/12 and 5 others, §§ 36-37, 27 June 2017; Viktor Nazarenko v. Ukraine, no. 18656/13, § 36, 3 October 2017; Tverdokhlebova v. Ukraine, no. 15830/16, § 23, 16 January 2025)?
2. In respect of the remainder of the applicant’s complaints under Article 6 and 13 of the Convention, do they disclose a violation of these provisions, as alleged by the applicant?
The parties are requested to submit copies of all documents related to notification of the applicant about the appeal proceedings and their outcome.