CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 mai 2022

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sA38CC292 { margin-top:66pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } Published on 21 November 2022   FIRST SECTION Application no. 28035/16 Anatoliy Shalikovich DATUASHVILI against Russia and Ukraine lodged on 5 May 2016 communicated on 3 May 2022 SUBJECT MATTER OF THE CASE The application originates from the conflict between Ukraine and the Russian Federation when the Russian Federation asserted their jurisdiction over Crimea in 2014. The applicant is Mr Anatoliy Shalikovich Datuashvili, a Ukrainian national, who was born in 1963 and resides in Simferopol, Crimea. He is represented before the Court by Mr A.O. Shapovalov, a lawyer practising in Kiev, Ukraine. The application concerns, in particular, the alleged interference with the applicant’s   right of access to court, stemming from a dispute between private parties as to the ownership of an apartment located in Simferopol, Crimea. The Ukrainian courts of first and second instance located in Crimea ruled against the applicant in their decisions which were delivered before the Russian Federation asserted their jurisdiction over Crimea. The applicant lodged a cassation complaint to the Higher Specialised Civil and Criminal Court of Ukraine (HSCU). On 6 November 2015 the HSCU informed the applicant that it could not process his complaint due to the fact that it could not receive the case files from the Crimean district court since the Ukrainian Postal Service was not functioning on the territory of Crimea.       QUESTION TO THE PARTIES Did the applicant have access to a court for the determination of his civil rights and obligations, in accordance with Article   6 §   1 of the Convention?