YAKUSHEV v. UKRAINE - 15978/09 (Judgment : Article 8 - Right to respect for private and family life : Fourth Section Committee)

Faris Vehabović, President, Carlo Ranzoni, Péter Paczolay, judges, and Andrea Tamietti, Deputy Section Registrar,

. The applicant, who had been granted legal aid, was represented by Mr A. Kristenko a lawyer practising in Kharkiv. The Ukrainian Government ("the Government") were represented by their Agent, most recently, Mr I. Lishchyna.

. In July 2006 the applicant instituted proceedings in the Malyn District Court against M., challenging the paternity of K. The applicant claimed that, even though he had been married to another woman at the relevant time, he had had relations with M. and he had been sure that he was the father of the child and so accepted the paternity. However, in 2005 he had reason to doubt his paternity.

. M. appealed, stating that from January 1993 she and the applicant had lived together without being married and that she had never had any doubts about the applicant's paternity of K. She argued, inter alia , that the genetic expert's opinion was not reliable.

. The applicant appealed on a point of law, contending that there were no grounds for the Court of Appeal to find that at the material time he was aware that he was not the biological father of the child. No such evidence was available in the file and the Regional Court of Appeal had exceeded its powers in drawing such a conclusion.