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
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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.