| Applicant name | DUBAS |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | Ukraine |
| Application no. | 51222/20 |
| Date | 09/03/2023 |
| Judges | Carlo Ranzoni, President, Mattias Guyomar, Mykola Gnatovskyy |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Positive obligation |
| Type of privacy | Relational privacy; procedural privacy |
| Keywords | Access to child |
| Facts of the case | The case concerns the alleged failure of the authorities to implement a judgment given by the Kyiv Court of Appeal on 12 July 2018, setting out contact arrangements between the applicant and his daughter, who was born in 2013 and had been living separately from him since July 2016. The applicant complained of a violation of Article 8 of the Convention. |
| Analysis | The coercive measures which the authorities took against the child’s mother for obstructing the relevant contact arrangements produced no results; the fines imposed on her remained unpaid, the seizure order was not enforced and the criminal proceedings lasted more than four years. |
| Other Article violation? | – |
| Damage awarded | (a) that the respondent State is to pay the applicant, within three months, EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, 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 amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points; |
| Documents | Judgment |