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CASE OF ANDRUSENKO AND OTHERS AGAINST UKRAINE AND 17 OTHER CASES

Doc ref: 41073/02, 35274/03, 39265/02, 34419/06, 42953/04, 36772/04, 903/05, 22986/04, 75804/01, 8437/06, 173... • ECHR ID: 001-212429

Document date: September 16, 2021

  • Inbound citations: 2
  • Cited paragraphs: 1
  • Outbound citations: 0

CASE OF ANDRUSENKO AND OTHERS AGAINST UKRAINE AND 17 OTHER CASES

Doc ref: 41073/02, 35274/03, 39265/02, 34419/06, 42953/04, 36772/04, 903/05, 22986/04, 75804/01, 8437/06, 173... • ECHR ID: 001-212429

Document date: September 16, 2021

Cited paragraphs only

Resolution CM/ResDH(2021)205

Execution of the judgments of the European Court of Human Rights

18 cases against Ukraine

(Adopted by the Committee of Ministers on 16 September 2021

at the 1411 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

41073/02

ANDRUSENKO AND OTHERS

10/08/2006

10/11/2006

35274/03

BLANUTSA

20/09/2007

20/12/2007

39265/02

FATEYEV

06/09/2007

06/12/2007

34419/06

KHMYLYOVA

18/06/2009

18/09/2009

42953/04

KISELYOV

13/06/2013

13/06/2013

36772/04

KRASOVSKIY

12/03/2009

12/06/2009

903/05

LOPATYUK

17/01/2008

17/04/2008

22986/04

MIKHAYLOV

29/03/2007

29/06/2007

75804/01

MIROSHNIK

27/11/2008

27/02/2009

8437/06

OSOKIN

10/12/2009

10/03/2010

17341/02

OSTAPENKO

14/06/2007

14/09/2007

37758/05

PERETYATKO

27/11/2008

27/02/2009

32166/04

SARAFANOV AND OTHERS

14/12/2006

14/03/2007

35087/02

SHARENOK

22/02/2005

06/06/2005

31095/02

SHCHERBAKY

28/03/2006

28/06/2006

9177/05

SKRYPNYAK

10/07/2008

10/10/2008

30922/05

STADNYUK

27/11/2008

27/02/2009

33959/05

TERESHCHENKO

30/07/2009

30/10/2009

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 non-enforcement or delayed enforcement of domestic judicial decisions, mostly delivered against entities owned or controlled by the State, and to the lack of an effective remedy in this respect,

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 to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see DH-DD(2020)54-add and Annex I to the document DH-DD(2021)690 );

Considering that the question of individual measures has been resolved in these cases, given that the domestic judicial decisions at issue were enforced either before or after the date of the European Court’s judgments;

Recalling also that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Yuriy Nikolayevich Ivanov / Zhovner and Burmych and Others group of cases which remain under the supervision of the Committee, and that the closure of these cases 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 the cases listed below as regards the individual measures and

DECIDES to close the examination of thereof.

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