Published on 22 June 2026
FIFTH SECTION
Application no. 28597/19
Pavlo Oleksandrovych VYKHOR
against Ukraine
lodged on 22 April 2019
communicated on 2 June 2026
SUBJECT MATTER OF THE CASE
In May 2013 criminal proceedings were instituted against the applicant on suspicion of incitement to give a bribe to a judge in an amount then equivalent to about 1,100 euros (EUR) and attempted fraudulent misappropriation of a sum equivalent to about EUR 1,000. Given that, in addition to imprisonment, the applicable provision of the Criminal Code provided for confiscation of property as a non-mandatory additional penalty for bribery of a public official holding a responsible position, on 27 September 2013 the Donetsk Leniniskyy District Court ordered, in particular, the impoundment of the applicant’s car (a 2007 Peugeot) and flat (a two-room flat of about 44 sq. m). On 16 October 2013 the Donestk Regional Court of Appeal upheld that order.
The criminal proceedings in question remain pending before the first-instance court. According to the applicant, his numerous requests for lifting the impoundment have been disregarded.
The applicant alleges that the circumstances of his case disclose a violation of Article 1 of Protocol No. 1.
QUESTIONS TO THE PARTIES
Has there been an interference with the applicant’s 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 or to secure the payment of taxes or other contributions or penalties?
In particular, did that interference impose an excessive individual burden on the applicant (see, for example, JGK Statyba Ltd and Guselnikovas v. Lithuania, no. 3330/12, 5 November 2013, and Džinić v. Croatia, no. 38359/13, 17 May 2016)?