Inadmissibility decision concerning Ukraine
The Court has declared inadmissible the application in the case of Borzykh v. Ukraine.
The case concerned the prohibition on wearing the St George ribbon (a war commemoration symbol) in public.
In 2016 Ukraine banned the production and use of the St George ribbon for its associations with the Soviet totalitarian rule and the modern Russian military. The applicant is a former military officer who wished to wear the ribbon on Victory Day. Since the occupation of the Crimean Peninsula by Russia and the start of hostilities in the eastern regions of Ukraine, the red poppy has been adopted in Ukraine as a symbol of commemoration.
The Court noted the changed significance of the St George ribbon in the ongoing armed conflict with Russia and found that although Ukraine’s ban had restricted freedom of expression, it had been within the State’s discretion (“margin of appreciation”).