The European Court of Human Rights (ECHR) examined the case of Rogatyuk v. Ukraine, concerning limitations on access to a court, and found a violation of Article 6 § 1 of the Convention. The applicant complained that he could not obtain the full text of court decisions in his case, which prevented him from appealing them. The ECHR concluded that these limitations impaired the very essence of the applicant’s right of access to a court. As a result, the Court declared the application admissible and awarded the applicant EUR 1,500 for non-pecuniary damage.
The decision follows a standard structure, beginning with the procedure, outlining the facts of the case, and then addressing the relevant law, specifically Article 6 § 1 of the Convention. The Court referenced previous case law to support its finding of a violation. The decision concludes with the application of Article 41, awarding compensation to the applicant. There are no indications of changes compared to previous versions of similar judgments.
The most important provision of this decision is the reaffirmation of the principle that the right of access to a court is not absolute but that limitations must not impair the very essence of that right. The ECHR found that the failure of the Ukrainian courts to provide the full text of decisions, preventing the applicant from appealing, constituted such an impairment. This decision highlights the importance of ensuring that individuals have effective access to judicial decisions in order to exercise their right to appeal. **** This decision has implications for Ukraine, emphasizing the need for its judicial system to ensure the timely provision of complete court decisions to allow individuals to exercise their right to appeal.
