Information Note on the Court’s case-law 48
December 2002
Vorobyeva v. Ukraine (dec.) - 27517/02
Decision 17.12.2002 [Section II]
Article 35
Article 35-1
Exhaustion of domestic remedies
Effective domestic remedy
Failure to use new cassation remedy: inadmissible
The applicant instituted civil proceedings against her former employer in May 2001 seeking reinstatement, unpaid wages and compensation. Her claims were upheld at first instance, but dismissed on appeal, in January 2002. The applicant did not appeal in cassation to the Supreme Court of Ukraine.
Inadmissible: The procedure established by the Law of 21 June 2001 on the Introduction of Changes to the Code of Civil Procedure, allowing for cassation appeals to the Supreme Court against decisions of courts of first instance and appellate courts, can be considered an effective domestic remedy. The applicant must have been aware of it, was entitled to use it and should have done so: non-exhaustion.
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This summary by the Registry does not bind the Court.
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