Resolution CM/ResDH(2018)370
Execution of the judgments of the European Court of Human Rights
41 cases against Ukraine (list in Appendix)
(Adopted by the Committee of Ministers on 3 October 2018
at the 1326th 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 (see Appendix) and to the violations established mainly on account of the excessive length of criminal proceedings as well as the lack of effective remedy in this respect (violations of Articles 6, paragraph 1 and 13);
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 in order 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(2018)760);
Considering that the question of individual measures has been resolved in these cases, given that the criminal proceedings have been terminated and that all required individual measures have also been taken in respect of the other violations found by the Court; noting in that respect that the applicants are no longer in detention on remand in the cases of Burov and Kolesnikov; that the obligation on the applicant not to leave his place of residence without permission was lifted in the case of Zarochentsev; and that the internal judgment debt was paid to the applicant in the case of Chervonets;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Merit group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures needed;
Noting that questions related to the excessive length of detention on remand, raised by the Burov and Kolesnikov cases, are being examined by the Committee in the context of the supervision of the Ignatov group of cases;
Noting that the issue of the excessive duration of the restriction on leaving one’s place of residence, raised by the Zarochentsev case, is being examined by the Committee in the context of the supervision of the Ivanov group of cases;
Noting that questions related to the non-enforcement or delayed enforcement of domestic judicial decisions, mostly delivered against the State and State-owned or controlled entities, and to the lack of an effective remedy in this respect, raised by the Chervonets case, are being examined by the Committee in the context of the supervision of the Zhovner / Yuriy Nikolayevich Ivanov group of cases;
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 thereof.
Appendix
List of cases
Application
Case
Judgment of
Final on
11336/02
YURTAYEV
31/01/2006
01/05/2006
1282/03
ARTSYBASHEV
12/06/2008
12/09/2008
1328/04
DOROSHENKO
26/05/2011
26/08/2011
13375/06
KARAVANSKYY
14/04/2011
14/04/2011
13404/02
YEFANOV AND OTHERS
30/07/2009
30/10/2009
14183/02
ANTONENKOV AND OTHERS
22/11/2005
22/02/2006
14704/03
BUROV
17/03/2011
17/03/2011
14809/03
MAZURENKO
11/01/2007
11/04/2007
17277/03
FEDKO
12/06/2008
12/09/2008
1809/03
CHESNYAK
18/02/2010
28/06/2010
18412/05
YAKOVLEV
26/07/2012
26/07/2012
2035/03
TELEGINA
19/11/2009
10/05/2010
20792/05
ZHUPNIK
09/12/2010
09/03/2011
21231/04
POLISHCHUK
15/10/2009
15/01/2010
23194/02
AYBABIN
18/12/2008
18/03/2009
25444/03
KALINICHENKO
26/07/2007
26/10/2007
25821/02
LUGOVOY
12/06/2008
12/09/2008
25851/06
LYUBART-SANGUSHKO
20/12/2011
20/12/2011
25914/06
SIZYKH
21/12/2010
21/12/2010
26124/03
KIRYAKOV
12/01/2012
12/04/2012
28780/02
FARAFONOVA
11/12/2008
11/03/2009
3080/06
ORUDZHEV
21/12/2010
21/12/2010
31467/06
KAYUDA
10/11/2011
10/11/2011
32241/07
KYRYLYUK
06/10/2011
06/10/2011
32568/05
KOSTAKOV
09/12/2010
09/12/2010
32764/06
BURYAK
20/12/2011
20/12/2011
33645/07
KOTYAY
20/01/2011
20/01/2011
35184/02
SOLAZ
12/06/2008
12/09/2008
35312/02
RYSHKEVICH
12/06/2008
12/09/2008
36024/03
NICHITAYLOV
15/10/2009
15/01/2010
39327/06
ZAROCHENTSEV
10/01/2013
10/01/2013
39405/03
CHERVONETS
24/04/2008
24/07/2008
41662/05
DROGOBETSKAYA
03/01/2013
03/01/2013
50165/06
LYGUN
16/12/2010
16/12/2010
620/05
BALOGA
16/09/2010
21/02/2011
697/07
KOLESNIKOV
20/10/2011
20/10/2011
716/05
GALAT
20/05/2010
04/10/2010
7307/05
BEVZ
18/06/2009
18/09/2009
7324/02
KOBTSEV
04/04/2006
04/07/2006
7433/05
KRIVOSHEY
23/06/2016
23/09/2016
7516/03
BUGAYEV
08/04/2010
08/07/2010
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