Automatically translated version. May contain inaccuracies compared to the original.
The ECHR issued a decision that could immediately allow 4 Supreme Court judges to be dismissed for gross violations of human rights.
👉This concerns the decision of 28 May 2026 in the case “Fomichov and Aland Group LLC v. Ukraine” (applications No. 57804/17 and No. 31516/19).
Briefly about the “effectiveness” of the judicial reform:
The essence of the case: in 2014 the state seized 82 tons of grain from farmers and quickly sold it. The victims went to court.
1️⃣The first circle (Administrative): the administrative court granted the claim. But the appeals court overturned the decision and closed the proceedings. They said, “Go to the civil court.”
https://reyestr.court.gov.ua/Review/43502121
2️⃣The second circle (Civil): the district court granted the claim. However, the Higher Specialized Court (HSC) overturned the decision and closed the proceedings. They said, “Go to the commercial court.”
https://reyestr.court.gov.ua/Review/70369230
A nuance: Svetlana Karpenko — now a judge of the Constitutional Court Chamber of the Supreme Court and a candidate for the High Council of Justice — participated in this decision.
3️⃣The third circle (Commercial): the court dismissed the claim. The final decision was issued by the Supreme Court’s Commercial Cassation Court composed of Yuriy Chumak, Tetiana Drobotova, and Kostyantyn Pilkov.
https://reyestr.court.gov.ua/Review/78359107
What’s absurd?
The Supreme Court judges blamed the farmers themselves for “untimely filing.” Allegedly, the plaintiff is to blame for choosing the wrong jurisdiction while being sent in circles. In other words, the victims are to blame, not the system that for years shunted people from door to door.
🤡Ethical colleagues also quoted several ECHR judgments whose content the judges evidently do not understand.
The end of the story:
As expected, the ECHR reminded the Supreme Court judges of its case law (including the case “The Church of Sosulivka Village v. Ukraine”) and found a gross violation of Article 6 of the Convention (the right to a fair trial).
Now the Grand Chamber of the Supreme Court is forced to review all three cases due to exceptional circumstances.
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