Communicated on 15 December 2020
Published on 11 January 2021
FIFTH SECTION
Application no. 60787/14
Lin YUAN against Ukraine
and 11 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ or third person’s (application no. 341/15) failure to declare cash exceeding 10,000 euros (EUR) when crossing the Ukrainian border and the sanctions imposed on them in this respect: confiscation of the undeclared amount of cash combined with a fine (see the appended table for more details). Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 the applicants complain that the sanction imposed by domestic courts was an excessive and disproportionate measure.
QUESTION TO THE PARTIES IN ALL APPLICATIONS WITH THE EXCEPTION OF APPLICATION NO. 341/15
Did the sanction imposed on the applicants constitute an interference with the peaceful enjoyment of their possessions, within the meaning of Article 1 of Protocol No. 1? If so, did that measure strike the requisite fair balance between the demands of the general interest and the requirements of the protection of the applicants’ right of property, and did it impose a disproportionate and excessive burden on them (see, Sadocha v. Ukraine, no. 77508/11, §§ 22 to 37, 11 July 2019)?
QUESTION TO THE PARTIES IN APPLICATION NO. 341/15
Did the confiscation order issued by the domestic courts in respect of the applicant’s (Mr Lens’s) money in the proceedings against P. constitute an interference with the peaceful enjoyment of his possessions, within the meaning of Article 1 of Protocol No. 1? If so, did that measure strike the requisite fair balance between the demands of the general interest and the requirements of the protection of the applicant’s right of property, and did it impose a disproportionate and excessive burden on him (see, Sadocha v. Ukraine, no. 77508/11, §§ 22 to 37, 11 July 2019)?
ADDITIONAL QUESTION TO THE PARTIES IN APPLICATION NO. 2891/16
Did the applicant have a fair hearing in the determination of the criminal charge against her, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected as regards the hearings at the Court of Appeal, given the applicant’s allegation that she had not been duly informed about the date and time of the hearing?
The Government are requested to provide documents from the case file, if any, proving that the notification of the hearing at the Court of Appeal was sent to and received by the applicant.
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Final decision of the Court
Sanction imposed
1
60787/14
Yuan v. Ukraine
30/08/2014
Lin YUAN
1986
CASABLANCA
Chinese
Kyiv Regional Court of Appeal, 16 June 2014
Confiscation (8,790 United States dollars (USD)) and fine (1,700 Ukrainian hryvnias (UAH))
2
341/15
Lens v. Ukraine
03/12/2014
Jeremain Marciano LENS
1987
Amsterdam
Dutch
Olga Volodymyrivna TSYLYURYK
Kyiv Regional Court of Appeal, 12 September 2014
Confiscation (USD 21,500) and fine (UAH 1,700)
3
45230/15
Tymchyshena v. Ukraine
02/09/2015
Tetyana Vasylivna TYMCHYSHENA
1964
Shpykiv
Ukrainian
Chernihiv Regional Court of Appeal, 10 March 2015
Confiscation (USD 267,910) and fine (UAH 4,224,598.03)
4
864/16
Sapitash v. Ukraine
11/12/2015
Dmytro Igorovych SAPITASH
1987
Kvasyliv
Ukrainian
Igor Oleksandrovych MAMCHENKO
Volyin Regional Court of Appeal, 4 September 2015
Confiscation (USD 5,673; 10,070 Polish zloty) and fine (1,700 UAH)
5
2891/16
Synytsya v. Ukraine
26/12/2015
Olesya Yuriyivna SYNYTSYA
1972
Novotroyitske
Ukrainian
Stanislav Vitaliyovych BATRYN
Kyiv Regional Court of Appeal, 14 August 2015
Confiscation (USD 4,430) and fine (1,700 UAH)
6
19254/16
Kasumov v. Ukraine
23/03/2016
Ravil Gamletovych KASUMOV
1978
Tbillisi
Georgian
Oleg Oleksiyovych CHUZDYUK
Kyiv Regional Court of Appeal, 23 September 2015
Confiscation (USD 9,600) and fine (1,700 UAH)
7
25127/16
Korunov v. Ukraine
27/04/2016
Illya Oleksandrovych KORUNOV
1956
Rivne
Ukrainian
Kyiv Regional Court of Appeal, 28 October 2015
Confiscation (UAH 50,000) and fine (UAH 1,700)
8
30787/16
Byelosludtseva v. Ukraine
17/05/2016
Valentyna Mykhaylivna BYELOSLUDTSEVA
1953
Makarove
Ukrainian
Nadiya Damirivna ZHUKOVA
Luhansk Regional Court of Appeal, 19 November 2015
Confiscation (2,500,000 Russian rubbles) and fine (UAH 1,006,300)
9
31516/16
Shpakovskyy v. Ukraine
26/05/2016
Bogdan Volodymyrovych SHPAKOVSKYY
1977
Novyy Urengoy
Russian
Anna Leonidivna YUSHCHENKO
Sumy Regional Court of Appeal, 9 December 2015
Confiscation (USD 29,900; UAH 8,000) and fine (UAH 645,380.24)
10
31523/16
Bi v. Ukraine
26/05/2016
Hao BI
1975
Goun Dzhon
Chinese
Pavlo Petrovych KARACHIY
Kyiv Regional Court of Appeal, 12 January 2016
Confiscation (USD 8,850) and fine (UAH 1,700)
11
31952/16
Bondarenko v. Ukraine
27/05/2016
Rustam Andriyovych BONDARENKO
1981
Kyiv
Ukrainian
Vyacheslav Viktorovych KOBYLETSKYY
Kyiv Court of Appeal, 14 December 2015
Confiscation (USD 8,800; UAH 1,340) and fine (UAH 1,700)
12
54988/16
Chaban v. Ukraine
09/09/2016
Maryna Oleksandrivna CHABAN
1974
Khmelnytskyy
Israeli
Kyiv Regional Court of Appeal, 25 July 2016
Confiscation (USD 21,150) and fine (UAH 1,700)
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