Resolution CM/ResDH(2021)49
Execution of the judgments of the European Court of Human Rights
15 cases against Ukraine
(Adopted by the Committee of Ministers on 11 March 2021
at the 1398th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
71186/01
FUKLEV
07/06/2005
30/11/2005
10398/04
GOGIN
11/12/2008
11/03/2009
10911/05
IVAN PANCHENKO
10/12/2009
10/03/2010
22215/04
IVASHCHENKO
14/12/2006
14/03/2007
40753/07
KOMNATSKYY
15/10/2009
15/01/2010
9089/04
KONTSEVYCH
16/02/2012
16/05/2012
27349/03
KOZHANOVA
22/11/2005
22/02/2006
42478/04
MIRVODA
07/12/2006
07/03/2007
20397/07
PYSARSKYY AND OTHERS
20/06/2013
20/06/2013
7158/04
ROBOTA AND OTHERS
17/01/2013
17/01/2013
16267/04
SUKHOPAR
11/01/2007
11/04/2007
19430/06
TERNOVIK AND OTHERS
11/04/2013
11/04/2013
31387/05
VASILCHUK
10/12/2009
10/05/2010
34000/07
VINNIYCHUK
20/10/2016
20/01/2017
14077/05
YANGOLENKO
10/12/2009
10/05/2010
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of non-enforcement or delayed enforcement of domestic judicial decisions, mostly delivered against entities owned or controlled by the State, and to the lack of an effective remedy in this respect,
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see Annex I to the document DH-DD(2019)914-add);
Considering that the question of individual measures has been resolved in these cases, given that the domestic judicial decisions at issue were enforced either before or after the date of the European Court’s judgments;
Recalling also that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Yuriy Nikolayevich Ivanov / Zhovner and Burmych and Others group of cases which remain under the supervision of the Committee, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases listed below as regards the individual measures and
DECIDES to close the examination of thereof.
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