Resolution CM/ResDH(2022)140
Execution of the judgments of the European Court of Human Rights
Five cases against Ukraine
(Adopted by the Committee of Ministers on 10 June 2022
at the 1436th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
8531/13
KUSHNIR
28/01/2021
28/01/2021
19086/12+
MINAK AND OTHERS
07/02/2019
07/02/2019
795/09
OSIPOV
08/10/2020
08/10/2020
63510/11+
PECHENIZKYY AND OTHERS
08/11/2018
08/11/2018
29446/12+
SOZONOV AND OTHERS
08/11/2018
08/11/2018
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 violations of the right to a fair trial due to the domestic authorities’ failure to duly notify the applicants of court proceedings against them;
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 give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)20);
Considering that the question of individual measures was resolved given that the domestic proceedings were reopened where requested by the applicants and they were duly notified about the new hearing;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Gurepka v. Ukraine (No. 2) group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
Recalling that questions related to breach of the principle of legal certainty, raised by the Minak and Others case, was examined by the Committee in the context of the supervision of the Ponomaryov group of cases, closed by Final Resolution CM/ResDH(2021)254;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.