FIFTH SECTION      CASE OF SADOVYAK v. UKRAINE (Application no. 17365/14)              JUDGMENT   STRASBOURG 17 May 2018   This judgment is final but it may be subject to editorial revision.In the case of Sadovyak v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: André Potocki, President, Mārtiņš Mits, Lado Chanturia, judges,and Milan Blaško, Deputy Section Registrar,Having deliberated in private on 17 April 2018,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application (no. 17365/14) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by four Ukrainian nationals, Mrs Olha Mykhaylivna Sadovyak (“the first applicant”), Mr Volodymyr Valeriyovych Sadovyak (“the second applicant”), Mr Mykola Volodymyrovych Sadovyak (“the third applicant”) and Ms Anastasiia Volodymyrivna Sadovyak (“the fourth applicant”) (collectively “the applicants”), on 27 March 2014.2. The Ukrainian Government (“the Government”) were represented by their Agents, most recently, Mr I. Lishchyna of the Ministry of Justice.3. On 10 February 2015 the application was communicated to the Government. It was also decided that the application should be given priority under Rule 41 of the Rules of Court.THE FACTSI. THE CIRCUMSTANCES OF THE CASE4. The applicants were born in 1966, 1971, 1993 and 1996 respectively. The second applicant is the former spouse of the first applicant and the third and the fourth applicants are their children. The first, the third and the fourth applicants live in Lviv. The second applicant had his registered residence in Lviv as at the time when the application was lodged; his current whereabouts are not known.5. In August 2001 the second applicant, a military officer at the material time, was provided with a two-room flat for himself and his family in an accommodation hall owned by the Lviv Military Academy. Subsequently all four applicants obtained residence registration with the local authority as tenants of that flat. Since 2001 (and as at the time of the observations exchanges between the parties), the household was paying the relevant maintenance charges and other tenancy-related fees, which were calculated on the premise that the flat was occupied by four persons.6. On 28 November 2003 the second applicant was dismissed from military service on grounds of redundancy. The dismissal order stipulated that he was eligible for priority allocation of social housing from the waiting list managed by the Ministry of Defence.7. In 2005 the first and the second applicant divorced and the first applicant and her children were placed on the waiting list for social housing managed by the municipal authority.8. In August 2011 the Lviv garrison military prosecutor instituted eviction proceedings against the applicants. He referred, essentially, to the fact that the accommodation hall belonged to the Military Academy and was designed for the temporary housing of military personnel. Meanwhile, none of the applicants had any connection to the military or the Military Academy, which owned the building.9. On 15 November 2012 the Frankivskyy District Court in Lviv dismissed the prosecutor’s claim. It found that the applicants had lawfully obtained the tenancy in connection with the second applicant’s previous military service. Regard being had to the applicable legal provisions concerning the social protection of former military officers and their families, they could not be evicted from the accommodation hall without first being provided with other housing. In addition to that, the fourth applicant had still been a minor at the material time, and further legislation applicable to the protection of minors warranted the protection of her housing rights.10. Following an appeal by the prosecutor, on 17 September 2013 the Lviv Regional Court of Appeal quashed this judgment and ordered the applicants’ eviction. It found that they had settled in the disputed premises without the building owner having taken a formal decision authorising their occupancy and without an occupancy order (“ордер”), having been issued in their favour.

Article of the Convention at issue: Article 8
Outcome: violation