Published on 20 April 2026
 
FIFTH SECTION
Application no. 22/26
Pavlo Petrovych CHEBERYACHKO
against Ukraine
lodged on 2 January 2026
communicated on 2 April 2026
SUBJECT MATTER OF THE CASE
The application, in which Rule 39 has been applied, concerns a Russian national, who is not allowed to regularise his residence status in Ukraine, despite being married to a Ukrainian national. He is under a constant threat of expulsion with high probability of “refoulement” to Russia. It is proposed to communicate the applicant’s complaints under Articles 3, 8, 13 and 14 of the Convention.
QUESTIONS TO THE PARTIES
1.  In the light of the applicant’s claims and the documents which have been submitted, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the expulsion order were enforced?
 
2.  Would removal of the applicant from the territory of Ukraine constitute an interference with the applicant’s right to respect for his family life, within the meaning of Article 8 § 1 of the Convention?
 
If so, would that interference be in accordance with the law and necessary in terms of Article 8 § 2?
 
3.  Does the applicant have at his disposal an effective domestic remedy for his complaints under Articles 3 and 8, as required by Article 13 of the Convention?
 
4.  Has the applicant suffered discrimination on the ground of his national origin, contrary to Article 14 of the Convention?