MOGYLA A OSTATNÍ proti Ukrajině

FIFTH SECTION

CASE OF MOGYLA AND OTHERS v. UKRAINE

(Applications nos. 1129/18 and 2 others –

see appended list)

JUDGMENT

STRASBOURG

26 February 2026

This judgment is final but it may be subject to editorial revision.

In the case of Mogyla and Others v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

Andreas Zünd, President,
Diana Sârcu,
Mykola Gnatovskyy, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 5 February 2026,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Ukrainian Government (“the Government”) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained Under Article 6 of the Convention that their access to a court had been restricted. In application no. 1129/18, the applicant also raised other complaints under the provisions of the Convention.

THE LAW

1. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

2. ALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention

6. The applicants complained principally of the limitations on access to a court. They relied, expressly or in substance, on Article 6 § 1 of the Convention.

7. The Court reiterates that the right of access to a court – that is the right to institute proceedings before the courts in civil matters – constitutes an element which is inherent in the right set out in Article 6 § 1 of the Convention. However, the right of access to a court is not absolute and may be subject to limitations that do not restrict or reduce the access left to an individual in such a way or to such an extent that the very essence of the right is impaired (see Golder v. the United Kingdom, 21 February 1975, § 36, Series A no. 18; Ponomarenko v. Ukraine, no. 13156/02, § 36, 14 June 2007; Matsyuk v. Ukraine, no. 1751/03, § 28, 10 December 2009; and Kuzmenko v. Ukraine, no. 49526/07, § 25, 9 March 2017).

8. In the leading cases of Kreuz v. Poland (no. 28249/95, §§ 52-67, ECHR 2001‑VI); Malahov v. Moldova (no. 32268/02, §§ 31-36, 7 June 2007); Ciorap v. Moldova (no. 12066/02, §§ 93-96, 19 June 2007); and Tserkva Sela Sosulivka v. Ukraine (no. 37878/02, §§ 51-53, 28 February 2008), the Court already found a violation in respect of issues similar to those in the present case.

9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the limitations in question impaired the very essence of the applicants’ right of access to a court.

10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

3. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11. In application no. 1129/18, the applicant submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in the case set out in the appended table.

4. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12. Regard being had to the documents in its possession and to its case‑law (see, in particular, Kuzmenko, cited above, § 41), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the limitations on access to a court;
4. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);
5. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 26 February 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Andreas Zünd
Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(limitations on access to a court)

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.