Resolution CM/ResDH(2021)252

Execution of the judgments of the European Court of Human Rights

Batkivska Turbota Foundation against Ukraine

(Adopted by the Committee of Ministers on 13 October 2021

at the 1414 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

5876/15

BATKIVSKA TURBOTA FOUNDATION

09/10/2018

03/09/2020

09/01/2019

03/12/2020

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 the annulment of the applicant foundation’s title to a property in court proceedings instituted against it by the prosecutor and the lack of compensation for deprivation of the property title of a bona fide owner nine years after the purchase contract (violation of Article 1 of Protocol No. 1);

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 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(2021)571 );

Considering that the question of individual measures was resolved given that the damages suffered by the applicant foundation were redressed at domestic level by the restoration of its property rights following the reopening of the domestic proceedings, as set out in the Court’s judgment on just satisfaction;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Maksymenko and Gerasymenko 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 as regards the individual measures and

DECIDES to close the examination of this case.