Interim Resolution CM/ResDH(2011)184[1]
Execution of the pilot judgment of the European Court of Human Rights
Yuriy Nikolayevich Ivanov against Ukraine and of
386 cases against Ukraine concerning the failure or serious delay
in abiding by final domestic courts’ decisions delivered against the state and its entities as well as the absence of an effective remedy
(Application No. 40450/04, judgment of 15/10/2009, final on 15/01/2010)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”);
Having regard to the pilot judgment of the European Court of Human Rights (“the Court”) of 15 October 2009 in the case of Yuriy Nikolayevich Ivanov against Ukraine transmitted to the Committee for supervision of its execution under Article 46 of the Convention;
Recalling that in this judgment the Court unanimously:
- found violations arising from a practice incompatible with the Convention which consists in the state’s recurrent failure in its obligation to honour judgment debts and in respect of which aggrieved parties have no effective domestic remedy;
- ordered the respondent state to set up such a remedy within one year from the date on which the judgment became final, i.e. by 15 January 2011, and by the same date to grant adequate and sufficient redress to all persons in the applicant’s position in the cases lodged with the Court before the delivery of the pilot judgment;
- decided to adjourn examination of all similar cases for one year, i.e. until 15 January 2011;
Recalling further that this deadline was extended by the Court at the request of the Ukrainian authorities until 15 July 2011;
Noting that in response to the Committee’s Interim Resolutions (CM/ResDH(2008)1, CM/ResDH(2009)159 and CM/ResDH(2010)222) a draft law addressing the problems identified by the Court and providing a domestic remedy was prepared;
Noting that this draft law was adopted at the first reading by the Ukrainian Parliament on 9 September 2011;
Regretting however that the Court’s extended deadline for ad hoc settlement of all individual applications lodged with the Court before the delivery of the pilot judgment has not been complied with although certain progress has been achieved in this respect;
Recalling that since 2004, the Committee of Ministers has repeatedly called upon the Ukrainian authorities to set up, as a matter of priority, a domestic remedy against excessive delays in enforcement of domestic courts’ decisions which would secure adequate and sufficient redress in line with the Convention’s requirements (CM/ResDH(2008)1 and CM/ResDH(2009)159);
Having regard to the obligation undertaken by the Ukrainian authorities under Article 46 of the Convention to abide by the judgments of the Court;
WELCOMES the adoption of the draft law (on guarantees of the State concerning the execution of court decisions) at the first reading in the Ukrainian Parliament;
STRONGLY ENCOURAGES Ukraine to bring the legislative process to an end without any further delay given that the deadline set by the Court has expired;
CALLS UPON the Ukrainian authorities to ensure that the draft law in question meets the principles of the Convention as set out in the Court’s case-law in order to constitute an appropriate response to the pilot judgment in the case of Yuriy Nikolayevich Ivanov including the allocation of appropriate budgetary means;
URGES the Ukrainian authorities to redouble their efforts to resolve without further delay the similar individual cases lodged with the Court prior to the delivery of the pilot judgment and to keep the Committee regularly informed of the solutions reached and of their implementation.
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy