Unprecedented lifelong exclusion of a Ukrainian lawyer from the representation of the applicants before the European Court of Human Rights due to forgery of documents and filing of applications by dead persons

Judgment of 12.12.2018 Exclusion of a Ukrainian lawyer

The European Court of Human Rights has decided, under Rule 36 § 4 (b) of the Rules of Court, that a
Ukrainian lawyer, Nataliya Yevgenivna Tselovalnichenko, should be permanently prohibited from
representing or otherwise assisting applicants in both pending and future applications.

Out of concern not to prejudice applicants represented by Ms Tselovalnichenko in proceedings
before it, the Court has decided to inform all those applicants with cases pending of the decision to
bar her.

Those applicants who can be reached by post will receive a letter at their last known home address.
The media are invited to inform the public about this decision so that it may reach applicants
residing in areas that cannot be reached by post as well as anyone considering lodging an
application.

The Court took the decision to bar Ms Tselovalnichenko in view of her fraudulent and abusive
behaviour. In particular, in a number of applications lodged with the Court, Ms Tselovalnichenko had
submitted documents which had obvious signs of forgery, while in several others she had lodged
applications on behalf of deceased applicants without informing the Court of their deaths.
Applicants represented by Ms Tselovalnichenko whose applications have not, or not yet, been
brought to the notice of the Government of the respondent State may appoint a new representative
to replace her at any time. If they do not appoint another representative now, and if the need
should arise later on for them to be represented, they will be given the opportunity to appoint
another representative at the appropriate stage of the proceedings.

Applicants represented by Ms Tselovalnichenko whose applications have been brought to the notice
of the Government of the respondent state, for whom legal representation is already compulsory,
are requested to appoint another representative.

The Ukrainian Government has been requested to inform the Ukrainian National Bar Association
about the Court’s decision and the reasons for it(echrcaselaw.com editing).


ECHRCaseLaw

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