Interim Resolution CM/ResDH(2012)234
Yuriy Nikolayevich Ivanov against Ukraine and the Zhovner group of 389 cases against Ukraine (list of cases) concerning the non-enforcement or delayed enforcement of domestic judicial decisions and the lack of an effective remedy in respect thereof
Execution of the judgments of the European Court of Human Rights
(Application No. 40450/04, judgment of 15/10/2009, final on 15/01/2010)
(Adopted by the Committee of Ministers on 6 December 2012
at the 1157th 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 (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 and 389 cases in the Zhovner group transmitted to the Committee for supervision of its execution under Article 46 of the Convention;
Recalling that since 2004, the Committee of Ministers has repeatedly called upon the Ukrainian authorities to adopt, as a matter of priority, the necessary measures in its domestic legal system (CM/ResDH(2008)1, CM/ResDH(2009)159, CM/ResDH(2010)222, and CM/ResDH(2011)184);
Recalling in this context that the new law of 5 June 2012 “on State guarantees concerning execution of judicial decisions” concerns, notwithstanding the pilot judgment, only future judicial decisions and, therefore, does not permit the repatriation of repetitive applications already pending before the Court, nor to stop the influx of new repetitive applications;
Recalling further its latest decision adopted in September 2012, in which the Committee urged the Ukrainian authorities once again to take the necessary measures in order to resolve this problem as a matter of utmost urgency, as well as to address the concerns set out in the memorandum CM/Inf/DH(2012)29 regarding the provisions of the new law;
Noting that in response to the Committee’s aforementioned decision, the Ukrainian authorities indicated that they have drafted the law On amendments to the Law of Ukraine On guarantees of the State concerning the execution of the court decisions aimed at resolving the problem of outstanding debts and which is currently under consideration by the Cabinet of Ministers of Ukraine;
Deeply regretting however that this draft law has not been introduced yet, and urging therefore the Ukrainian authorities to increase their efforts to swiftly bring the legislative process to an end;
Profoundly deploring that the pilot judgment therefore still remains to be fully executed and that this situation poses a serious threat to the respect of the rule of law and to the effectiveness of the Convention system;
Reaffirming most firmly that the High Contracting Parties to the Convention have undertaken to abide by the final judgment of the Court in any case to which they are parties and that this obligation is unconditional,
URGES the Ukrainian authorities to adopt as a matter of utmost priority the necessary measures in order to resolve the problem of non-enforcement of domestic judicial decisions and to fully comply with the pilot judgment with no further delay;
ENCOURAGES the Ukrainian authorities in particular to make increasingly use of unilateral declarations and friendly settlements in order to resolve the problem of cases pending before the Court.
Full & Egal Universal Law Academy