The subject of the dispute is the claim of PERSON_1 against PERSON_2 for the establishment of paternity, namely, the recognition of the deceased PERSON_3 as his father, for the purpose of inheriting the estate.
The Grand Chamber of the Supreme Court reversed the previous court decisions because the European Court of Human Rights (ECHR) in the decision “Moldovan v. Ukraine” found a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The courts of previous instances did not properly assess the results of the DNA examination, which with high probability confirmed paternity, and did not thoroughly investigate the circumstances of the case. The courts were obliged to investigate all the evidence, including the DNA examination, and could not be limited only to the fact of cohabitation of the mother and the alleged father. The Court noted that the approach of the national courts, which did not take into account the evidentiary value of the DNA examination, violated the state’s positive obligations under Article 8 of the Convention to ensure the right to respect for private life. The Grand Chamber of the Supreme Court emphasized the violation by the courts of procedural law, in particular Articles 150, 212-215 of the Civil Procedure Code of Ukraine, regarding a comprehensive examination of evidence and the appointment of a repeated examination in case of doubts.
The court granted the application of PERSON_1 and sent the case for a new trial to the court of first instance.
