Resolution CM/ResDH(2017)296
Execution of the judgments of the European Court of Human Rights
36 cases against Ukraine
(see Appendix for the list of cases)
(Adopted by the Committee of Ministers on 21 September 2017 at the 1294th meeting of the Ministers’ Deputies)
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;
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 by the government indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)712);
Having noted further that the applicants are no longer in detention on remand and that the facts in these cases occurred before the entry into force of the new Code of Criminal Procedure in November 2012; and that that, where required, all individual measures were taken in response to the other violations established by the Court in some of these cases;
Having noted that, in respect of the general measures, certain progress has been achieved in response to the Court’s judgments to resolve the issues related to detention on remand, in particular through the recent judicial reform and the adoption of the 2012 Code of Criminal Procedure;
Recalling that the Committee will assess the impact of these measures and will continue to supervise the outstanding questions related to the application of the detention on remand under the new Code of Criminal Procedure in the context of the remaining cases of this group, and in particular the case Ignatov;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases listed below and
DECIDES to close the examination thereof.
Appendix to Resolution CM/ResDH(2017)296
Application
Case
Judgment of
Final on
40107/02
KHARCHENKO
10/02/2011
10/05/2011
71660/11
BARYSHEVSKYY
26/02/2015
26/02/2015
27889/03
BOLDYREV
20/01/2011
20/01/2011
25725/02
BORISENKO
12/01/2012
12/04/2012
38800/12
BUDAN
14/01/2016
14/01/2016
27672/03
BURYAGA
15/07/2010
15/10/2010
16505/02
DORONIN
19/02/2009
19/05/2009
42813/05
DYACHENKO
18/04/2013
18/04/2013
6759/11
GAL
16/04/2015
16/07/2015
17650/02
GAVAZHUK
18/02/2010
18/05/2010
38717/04
KHAYREDINOV
14/10/2010
14/01/2011
13371/06
KOMAROVA
16/05/2013
16/08/2013
49122/07
KRAVCHENKO
23/02/2012
23/02/2012
16447/04
KUCHERENKO NIKOLAY
19/02/2009
19/05/2009
37645/10
LUTSENKO
05/04/2012
05/04/2012
37198/10
MALYK
29/01/2015
29/04/2015
19805/08
MIROSHNICHENKO
20/10/2011
20/10/2011
34211/04
MIROSHNICHENKO ROMAN
19/02/2009
19/05/2009
2161/02
MOLODORYCH
28/10/2010
28/01/2011
37466/04
MOSKALENKO
20/05/2010
20/08/2010
15816/04
MURUKIN
02/09/2010
02/12/2010
11930/09
OLEYNIKOVA
20/12/2011
20/12/2011
12222/09
ORLOVSKIY
02/04/2015
02/07/2015
4634/04
OSYPENKO
09/11/2010
09/02/2011
74297/11
PODVEZKO
12/02/2015
12/02/2015
5522/04
PROKOPENKO
20/01/2011
20/01/2011
5797/05
RUDENKO
25/11/2010
25/11/2010
5425/11
RUSLAN YAKOVENKO
04/06/2015
04/09/2015
11778/05
SMOLIK
19/01/2012
19/04/2012
40774/02+
SOLOVEY AND ZOZULYA
27/11/2008
27/02/2009
35231/02
SVERSHOV
27/11/2008
27/02/2009
39458/02
TKACHEV
13/12/2007
13/03/2008
16698/05
TRETYAKOV
29/09/2011
29/12/2011
2937/04
VINOKUROV
15/07/2010
15/10/2010
7554/10
VOLYANYK
02/10/2014
02/10/2014
17283/02
YELOYEV
06/11/2008
06/02/2009
Full & Egal Universal Law Academy