Essence of the decision:
The European Court of Human Rights (ECHR) ruled in favor of Ukrainian citizen Spektor who complained about denial of access to a higher court. The Court found that Ukraine violated Article 6 § 1 of the Convention by rejecting the applicant’s appeal on overly formalistic grounds. The Court awarded EUR 1,500 in non-pecuniary damages to the applicant.
Structure and main provisions:
1. The case concerns the right of access to courts, specifically the appeal process
2. The Court reaffirmed that while Article 6 doesn’t require states to establish appeal courts, if such courts exist, they must comply with Article 6 guarantees
3. The Court referenced its previous decisions (Kreuz v. Poland and Mushta v. Ukraine) where similar violations were found
4. The specific violation occurred when the Kropyvnytskyi Court of Appeal rejected the applicant’s appeal as being out of time, despite the fact that the full text of the contested decision was only published and delivered to the applicant later
Key important provisions:
1. The Court emphasized that the right of access to court, while not absolute, cannot be restricted to the extent that its very essence is impaired
2. The Court established that procedural limitations must be reasonable and proportionate
3. The principle that errors made by state authorities must be borne by the State and not remedied at the expense of individuals was reinforced
4. The Court confirmed that overly formalistic application of procedural rules regarding time limits for appeals can constitute a violation of the right of access to court
The decision strengthens the protection of procedural rights in Ukraine and sets clear standards for courts regarding the handling of appeals and procedural time limits.
