Resolution CM/ResDH(2021)254

Execution of the judgments of the European Court of Human Rights

Four cases 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

3236/03

PONOMARYOV

03/04/2008

29/09/2008

2075/13+

OSOVSKA AND OTHERS

28/06/2018

10640/05

INDUSTRIAL FINANCIAL CONSORTIUM INVESTMENT METALLURGICAL UNION

26/09/2018

28052/13

SABADASH

23/07/2019

23/07/2019

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 and to the violations established on account of the breach of the legal certainty principle resulting from the unjustified extension of the time-limits for appeal without valid reasons (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1 of the Convention);

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 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)638 );

Recalling that the question of the general measures required to prevent extraordinary appeals lodged by persons other than parties to the initial disputes was examined within the Diya 97 group of cases, closed by Final Resolution CM/ResDH(2018)41 ;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.