Resolution CM/ResDH(2022)238
Execution of the judgments of the European Court of Human Rights
Sadocha against Ukraine
(Adopted by the Committee of Ministers on 22 September 2022
at the 1443rd meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
77508/11
SADOCHA
11/07/2019
07/05/2020
11/10/2019
07/08/2020
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 this case and to the violation established on account of an unlawful and disproportionate sanction imposed on the applicant for violation of the customs regulation;
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 report provided by the government indicating the individual measures adopted in order 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)33);
Considering that the question of individual measures was therefore resolved, given that the restitution of confiscated amount has now taken place;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Myakotin group of cases 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 and
DECIDES to close the examination of this case.