Published: 3 Apr 2008

Koretskyy & others v Ukraine

Case Summary

Case No. 40269/02

Judgment date: 03/04/08

The applicants were four Ukrainian nationals resident in Kiev. On 7 June 2000, they founded a non-governmental organisation, the ‘Civic Committee for the Preservation of Wild (Indigenous) Natural Areas in Berezansky’ (the Organisation), with Mr Koretskyy at its head.

On 27 July 2000, the applicants filed an application to register the Organisation at the Kiev City Department of Justice in accordance with the applicable legal requirements. Following advice from the City Department, amendments were made to the Organisation’s articles of association, which were then resubmitted. On 18 September 2000, the City Department rejected the application on the grounds that the articles of association did not comply with domestic law, in particular the provisions relating to (i) the Organisation’s geographical scope, (ii) the economic and administrative functions entrusted to its executive committee, (iii) its publishing activities and (iv) participation of volunteers. The applicants challenged this decision at the Pecherskyy District Court of Kiev, which dismissed it. The District Court decision was upheld by the Kiev City Court of Appeal. Both courts cited similar grounds to those given by the City Department. The Supreme Court rejected the applicants’ request for leave to appeal. The applicants applied to the ECtHR alleging a breach of the right to freedom of association (Art. 11).

 

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