Resolution CM/ResDH(2026)40
Execution of the judgment of the European Court of Human Rights
Golovin against Ukraine
(Adopted by the Committee of Ministers on 11 March 2026
at the 1553rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
47052/18
GOLOVIN
13/07/2023
13/10/2023
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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of the applicant’s dismissal from his post of judge of the Constitutional Court;
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 action plan provided by the government indicating the individual measures adopted to execute the judgment and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2026)14);
Considering that the question of individual measures was resolved in view of the Court’s conclusions that the moral damage suffered by the applicant was sufficiently compensated by the finding of a violation and that there was insufficient evidence of financial loss directly resulting from the violations of the Convention, and of the Supreme Court’s detailed, final judgments in the reopened domestic proceedings;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Ovcharenko and Kolos group of cases also in the light of the Court’s findings in this case, and that the closure of this case 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 this case;
CONCLUDES that the question of individual measures has been resolved;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the unlawful dismissal of Constitutional Court judges for “breach of oath” resulting from the lack of clarity of the respective legal framework and insufficient reasoning of dismissal decisions in the Ovcharenko and Kolos group of cases;
DECIDES to close the examination of this case.