FIFTH SECTIONCASE OF GADASYUK v. UKRAINE(Application no. 39366/23)      JUDGMENT STRASBOURG14 November 2024 This judgment is final but it may be subject to editorial revision.In the case of Gadasyuk v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Kateřina Šimáčková, President, Mykola Gnatovskyy, Artūrs Kučs, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 17 October 2024,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 18 October 2023.2. The applicant was represented by Ms L.V. Sharogradska, a lawyer practising in Bar.3. The Ukrainian Government (“the Government”) were given notice of the application.THE FACTS4. The applicant’s details and information relevant to the application are set out in the appended table.THE LAWALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention5. The applicant complained of the lack of reasoning or inadequate reasoning in court decision. She relied, expressly or in substance, on Article 6 § 1 of the Convention.6. The Court reiterates that, according to its long-standing and established case-law, it should not act as a court of fourth instance and will not therefore question under Article 6 § 1 of the Convention the judgment of the national courts, unless their findings can be regarded as arbitrary or manifestly unreasonable (see Bochan v. Ukraine (no. 2) [GC], no. 22251/08, § 61, ECHR 2015, with further references).7. Article 6 § 1 obliges domestic courts to give reasons for their judgments. This duty cannot be understood as requiring a detailed answer to every argument, and the question of compliance with that duty can only be determined in the light of the circumstances of the case (see Ruiz Torija v. Spain, 9 December 1994, § 29, Series A no. 303‑A, and García Ruiz v. Spain [GC], no. 30544/96, § 26, ECHR 1999‑I). Those principles were applied in a number of Ukrainian cases (see, for example, Benderskiy v. Ukraine, no. 22750/02, §§ 42-47, 15 November 2007; Pronina v. Ukraine, no. 63566/00, § 25, 18 July 2006; and Bogatova v. Ukraine, no. 5231/04, §§ 18 and 19, 7 October 2010).8. Reviewing the facts of the present case in the light of those principles, the Court considers that the domestic courts failed in their duty to provide reasons for their decisions and did not address pertinent and important arguments raised by the applicant. The specific procedural failings, indicated in the appended table, prompt the Court to conclude that the applicant was stripped of her right to a reasoned court decision.9. Regard being had to the documents in its possession and to its case‑law (see, in particular, Pronina, cited above, § 29), the Court considers it reasonable to award the sums indicated in the appended table.

Article of the Convention at issue: Article 6
Outcome: violation