POLYAKH ABD OTHERS v. UKRAINE - 58812/15 (Judgment : Preliminary objection joined to merits and dismissed : Fifth Section) [2019] ECHR 747 (17 October 2019)

POLYAKH ABD OTHERS v. UKRAINE - 58812/15 (Judgment : Preliminary objection joined to merits and dismissed : Fifth Section) [2019] ECHR 747 (17 October 2019)

Application of the Lustration Act to the applicants constituted a breach of Article 8 ECHR due to lack of individual assessment and disproportionate interference with private life. Prolonged suspension of proceedings pending Constitutional Court review breached Article 6 ECHR right to fair trial within reasonable time. There was no effective remedy under Article 13. The Act's collective approach and retroactive application violated constitutional principles of individual liability and non-retroactivity.

Citation
[2019] ECHR 747
Parties
Applicants: Polyakh and Others; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
17 October 2019
Procedural Posture
Application Under Article 34 ECHR / Final Judgment by Chamber
Outcome
Violation found
Legal Topics
Lustration, Right to Private Life, Fair Trial, Effective Remedy, Retroactivity, Individual Liability, Presumption of Innocence
Human Rights Administrative Law Constitutional Law Lustration Right to Private Life Fair Trial Effective Remedy Retroactivity +2 more

Case Brief

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Parties

Polyakh and Others

Applicants

Ukraine

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment by Chamber

Legal Issues

  1. 1 Whether application of the Government Cleansing (Lustration) Act breached Article 8 (right to private life)
  2. 2 Whether prolonged failure to examine claims breached Article 6 (right to fair trial)
  3. 3 Whether there was an effective remedy under Article 13

Ratio Decidendi

Application of the Lustration Act to the applicants constituted a breach of Article 8 ECHR due to lack of individual assessment and disproportionate interference with private life. Prolonged suspension of proceedings pending Constitutional Court review breached Article 6 ECHR right to fair trial within reasonable time. There was no effective remedy under Article 13. The Act's collective approach and retroactive application violated constitutional principles of individual liability and non-retroactivity.

Court Disposition

Violation found

Orders

  • Ukraine to pay applicants just satisfaction for non-pecuniary damage
  • Ukraine to ensure compliance with ECHR and constitutional principles in future application of Lustration Act