1. The subject of the dispute is the appeal against the rulings of the courts of previous instances refusing to satisfy the complaint against the investigator’s decision to close the criminal proceedings due to the death of a pedestrian in a traffic accident.
2. The Grand Chamber of the Supreme Court, when considering the case based on the application for review of court decisions in connection with the ECtHR’s decision, noted that the ECtHR’s decision in the case “Mykhailyk and Others v. Ukraine” established a violation of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in its procedural aspect due to an ineffective investigation into the circumstances of the victim’s death. The Court indicated that the failure to conduct an effective investigation in compliance with procedural requirements constitutes negative consequences of the violations established by the international judicial institution, which cannot be eliminated in any other way than by canceling court decisions and resuming proceedings in the case. The Court also took into account that the previously established practice of the Supreme Court does not agree with the conclusions of the Constitutional Court of Ukraine, therefore there is a need to change the approach to resolving the issue of whether court decisions made at the stage of pre-trial investigation are subject to review under exceptional circumstances. The Grand Chamber departed from the previous position that only decisions that completed the consideration of the case on its merits are subject to review. The Court emphasized the need to verify the arguments regarding the competence of experts, the completeness of the examination, as well as to investigate the issue of compliance of the technical condition of the vehicle with regulatory requirements.
3. The court decided to partially satisfy the application, cancel the rulings of the courts of previous instances, and order a new hearing of the complaint against the investigator’s decision to close the criminal proceedings in the court of first instance.
