The Ministry of justice about the decision of the ECtHR in Donbass: another step towards the victory of Ukraine over the aggressor

KIEV. 14 Feb. UNN. The Ministry of justice of Ukraine received another important victory on the way to the international recognition of the occupation of the territory ORDO as the aggressor in the European court of human rights. This was stated by the Deputy Minister of justice – Commissioner for the ECHR Ivan Lyschina, reports UNN with reference to the press service of the Ministry.

So, on the eve of the ECHR ruled in the case of “Caesar and others against Ukraine”, which dealt with events on the temporarily occupied territory in Donetsk region. In this case the applicants (persons of retirement age and persons eligible for social assistance) complained about the violation of their rights in connection with the termination of social payments from the budget of Ukraine in 2014, due to temporary occupation of part of the Donetsk region. Three of them in 2015, has appealed to the government of Ukraine on the resumption of social payments.

“In its decision, the court noted that the main difference of circumstances and situations the first three applicants in relation to other individuals living in government-controlled territory, lies in the fact that in the city where they live, the Ukrainian government has not exercised those powers. Obviously, this severely limits, if not denies, the possibility of the Ukrainian government to effectively support the work of the courts and to ensure social payments in this area. An objective factor in the ongoing fighting taking place in the region, where the first three of the applicants, forced the government to apply measures aimed at correcting situations in which there is no need in government-controlled areas”, – said I. Lyschina.

Taking into account the above, the ECHR found that the first three applicants are not in “similar situations” with those who live on the territory controlled by the Ukrainian government, explained in the Ministry of justice.

“None of the Complainants had not challenged in the Ukrainian courts the decision of the government of Ukraine on discontinuation of social benefits, explaining that in Donetsk there are the bodies of the Ukrainian judiciary, which in September 2014 due to fighting was moved to the uncontrolled territory of the temporarily occupied districts of Donetsk and Lugansk regions in neighboring regions”, – added in Department.

See ALSO: cocks commented on the decision of the ECHR to ensure social payments in the Donbass

Having studied the circumstances of the case, the ECtHR repeatedly emphasized that just as in the recent decision in the case “Chlebik against Ukraine,” said case should be considered taking into account the General situation and the availability of the ongoing conflict in the East of our state and none of the applicants right to access to court guaranteed by the Convention, was not disproportionately restricted, reported in the Ministry of justice.

I. Hazel said that “the ECHR agreed with the government of Ukraine that the Ukrainian government has taken steps which they could reasonably be expected, to ensure the proper functioning of the judicial system accessible to persons temporarily beyond the control of the government of the territory. Given the objective constraints faced by the Ukrainian government, the ECHR unanimously held that in the context of the circumstances of the case, Ukraine was not violated rights of the applicants”.

In particular, the Ukrainian courts were moved from uncontrolled territories in the neighboring regions and the applicants neither had a disproportionately limited in their access to remedies in respect of their complaints about not receiving pensions.

“This decision can rightly be considered another small step towards a legal victory over Ukraine as the country-aggressor”, – concluded the Ministry of justice.

We will remind, the ECtHR ruled that he saw no violations of the state of Ukraine in the case on the complaint of seven residents of Donetsk on access to justice.

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