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ECHR Delivers Judgment in Case Represented by R2P’s Lawyers

9 листопада 2026

On 8 October 2026, the European Court of Human Rights (ECHR) delivered its judgment in Borovyk and Toporkova v. Ukraine, applications nos. 2091/19 and 22953/19.

This is the first ECHR judgment in a case brought before the Court with the legal support of Right to Protection (R2P) lawyers.

The case concerned the suspension of pension payments to two women living in Donetska oblast, in an area that subsequently came under temporary occupation.

How Did the Case Arise?

In August 2014, the applicants' pension payments were suspended due to hostilities in the areas where they lived.

The applicants did not leave for government-controlled territory. In particular, their age and health conditions prevented them from leaving their homes. At the same time, their pensions were their only source of income.

The women challenged the suspension of their pension payments before the domestic courts. However, their claims were dismissed. Among other things, the courts stated that pension payments could be restored once the applicants relocated to government-controlled territory and registered as internally displaced persons (IDPs).

The applicants subsequently brought their case before the ECHR, alleging, among other things, a violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights, which guarantees the right to the peaceful enjoyment of possessions.

What Did the ECHR Find?

The ECHR concluded that the prolonged suspension of pension payments, combined with the requirement to relocate to government-controlled territory and register as IDPs, without alternative mechanisms for receiving pensions being made available for an extended period, imposed an excessive individual burden on the applicants.

The Court therefore found a violation of Article 1 of Protocol No. 1 to the Convention.

Unfortunately, due to the length of the proceedings, both applicants passed away before the judgment was delivered, and their relatives continued the proceedings.

The ECHR also awarded each applicant EUR 4,000 in respect of pecuniary damage and EUR 6,000 in respect of non-pecuniary damage. These amounts are to be paid to their heirs once the judgment becomes final.

The First ECHR Judgment in a Case Supported by Right to Protection

The applicants were represented before the ECHR by lawyers from R2P's Strategic Litigation Department.

Yuliia Naumenko, Senior Strategic Litigation Lawyer at Right to Protection:

This judgment is particularly significant for R2P, as it is the first ECHR judgment in a case represented by the organisation's lawyers.

The ECHR judgment has yet to become final in accordance with Article 44 § 2 of the Convention.