AVRAMYCH v. UKRAINE

2025-04-29T00:00:00
Published on 19 May 2025   FIFTH SECTION Application no. 51682/17 Andriy Stanislavovych AVRAMYCH against Ukraine lodged on 4 July 2017 communicated on 29 April 2025 SUBJECT MATTER OF THE CASE The case concerns administrative-offence proceedings against the applicant. More specifically, on 7 February 2017 he came to the premises of the Tyvriv Town Court and claimed access to the case file in unrelated civil proceedings. Having received a negative response, the applicant got frustrated. As subsequently established, he was shouting obscenities, slamming doors open and disrupting court hearings. At 4 p.m. on that day, the police drew up an administrative-offence report stating that the applicant had committed petty hooliganism. He was also placed in administrative detention. At about 7 p.m. on the same day, a judge delivered a decision finding the applicant guilty as charged and sentencing him to six days’ administrative arrest (enforceable immediately). Having served that penalty, the applicant lodged an appeal. It was rejected on 3 July 2017 by the Vinnytsya Regional Court of Appel. The applicant complains that the administrative-offence proceedings against him fell short of a number of fair-trial guarantees under Article 6 of the Convention, notably the right to have adequate time and facilities for the preparation of his defence.       QUESTIONS TO THE PARTIES Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 of the Convention? In particular, was he afforded adequate time and facilities to prepare his defence, as required by Article 6 § 3 (b) of the Convention (see Kornev and Karpenko v. Ukraine, no. 17444/04, 21 October 2010, and Mikhaylova v. Ukraine, no. 10644/08, 6 March 2018)?