Communicated on 15 July 2015
FIFTH SECTION
Application no. 73590/14
Lyubov Nikolayevna TZEZAR against Ukraine
and 6 other applications
(see list appended)
THE FACTS
The applicants are Ukrainian nationals. Their dates of birth and places of residence are indicated in the attached table.
A. The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
All of the applicants are residents of the city of Donetsk.
On different dates in 2014 the payment of social welfare benefits were suspended (see the table for details), which is confirmed by certificates, issued by the local social welfare departments.
B. Relevant domestic law and practice
1. Law “On Administration of Justice and Criminal Proceedings in Connection with the Anti-terror Operation” of 12 August 2014
Under this law, the State institutions of Ukraine, in particular courts, were removed from the areas of armed conflict and operate in neighbouring regions.
2. Resolution of the Cabinet of Ministers “On adoption of a list of cities/tows/villages where the anti-terror operation was exercised” of 30 October 2014
The resolution defined areas which are temporarily outside the State control and includes the city of Donetsk.
3. Resolution of the Cabinet of Ministers concerning “Certain issues of financing of budget-funded institutions, performance of social payments to the population and provision of financial support to certain enterprises and organisations of Donetsk and Lugansk regions” of 7 November 2014
The above resolution approved a temporary procedure for the financing of budget-funded institutions, the performance of social payments to the population and the provision of financial support to certain enterprises and organisations of Donetsk and Lugansk regions. The procedure stipulates, among other things, that budget expenditures on the territories which are temporary out of control will be made only after return of such territories under full control of the State bodies of Ukraine.
It further provides for payment of pensions and other social benefits to residents of those areas upon their request and only when they move to territories, which are under State control.
COMPLAINTS
The applicants complain under Article 1 of Protocol No. 1 to the Convention that Ukraine stopped paying their pensions and other social benefits. They further complain under Article 6 and/or Article 13 of the Convention that they could not challenge such suspension of payments in the courts, since the latter were removed out of the area of military actions. Some of the applicants (applications no. 73590/14, 73593/14, 73820/14), in respect of the above complaints, raise an issue under Article 14 about discrimination based on their place of residence.
COMMON QUESTIONS
1. Does the suspension of payments of social benefits to the applicants constitute an interference with their peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, was that interference necessary to control the use of property in accordance with the general interest? In particular, did that interference impose an excessive individual burden on the applicant (see Immobiliare Saffi v. Italy, [GC], no. 22774/93, § 59, ECHR 1999-V?]
2. Do the applicants have access to the domestic courts in order to challenge the suspension of payment of their social benefits, given that the courts have been moved outside the area of the armed conflict?
3. Do the certificates of the Pension Fund presented by the applicants are valid documents?
4. How does the respondent State control social payments received by residents of occupied territories on the territories controlled by the State?
CASE SPECIFIC QUESTION
Applications nos. 73590/14, 73593/14 and 73820/14
Has the applicant suffered discrimination in the enjoyment of his/her Convention rights on the ground of his place of residence, contrary to Article 14 of the Convention read in conjunction with Article 6 of the Convention and Article 1 of Protocol No. 1?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Type of social benefits and the beginning of suspension of its payment
Article 6 complaint
Article 1 of Protocol No. 1 complaint
Other admissible complaints
73590/14
10/11/2014
Lyubov Nikolayevna TZEZAR
02/02/1954
Donetsk
Pension
Since 1 July 2014
yes
yes
Article 13 (the same as 6)
Article 14
73593/14
10/11/2014
Nikolay Vladimirovich TZEZAR
08/12/1952
Donetsk
Pension
Since 1 July 2014
yes
yes
Article 13 (the same as 6)
Article 14
73820/14
10/11/2014
Svetlana Pavlovna KARLYUK
16/08/1964
Donetsk
Disability pension
Since 1 September 2014
yes
yes
Article 13 (the same as 6)
Article 14
4635/15
14/01/2015
Kateryna Andrianivna VANINA
07/03/1926
Donetsk
Pension
Since 1 September 2014
In substance
yes
Article 13 (the same as 6)
5200/15
14/01/2015
Tetyana Kostyantynivna CHERNOVOL
24/09/1952
Donetsk
Pension
Since 1 September 2014
In substance
yes
Article 13 (the same as 6)
5206/15
14/01/2015
Tetyana Anatoliyivna VYSLA
04/04/1960
Donetsk
Pension
Since 1 September 2014
In substance
yes
Article 13 (the same as 6)
7289/15
14/01/2015
Anatoliy Leonidovych VYSLYY
08/01/1956
Donetsk
Recreation annual payment
Nutrition monthly payments
Pension
All since 1 September 2014
In substance
yes
Article 13 (the same as 6)
Full & Egal Universal Law Academy