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CASE OF FUKLEV AGAINST UKRAINE AND 14 OTHER CASES

Doc ref: 71186/01, 10398/04, 10911/05, 22215/04, 40753/07, 9089/04, 27349/03, 42478/04, 20397/07, 7158/04, 16... • ECHR ID: 001-209007

Document date: March 11, 2021

  • Inbound citations: 27
  • Cited paragraphs: 0
  • Outbound citations: 0

CASE OF FUKLEV AGAINST UKRAINE AND 14 OTHER CASES

Doc ref: 71186/01, 10398/04, 10911/05, 22215/04, 40753/07, 9089/04, 27349/03, 42478/04, 20397/07, 7158/04, 16... • ECHR ID: 001-209007

Document date: March 11, 2021

Cited paragraphs only

Resolution CM/ ResDH ( 2021)49

Execution of the judgments of the European Court of Human Rights 15 cases against Ukraine

(Adopted by the Committee of Ministers on 11 March 2021 at the 1398 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

71186/01

FUKLEV

07/06/2005

30/11/2005

10398/04

GOGIN

11/12/2008

11/03/2009

10911/05

IVAN PANCHENKO

10/12/2009

10/03/2010

22215/04

IVASHCHENKO

14/12/2006

14/03/2007

40753/07

KOMNATSKYY

15/10/2009

15/01/2010

9089/04

KONTSEVYCH

16/02/2012

16/05/2012

27349/03

KOZHANOVA

22/11/2005

22/02/2006

42478/04

MIRVODA

07/12/2006

07/03/2007

20397/07

PYSARSKYY AND OTHERS

20/06/2013

20/06/2013

7158/04

ROBOTA AND OTHERS

17/01/2013

17/01/2013

16267/04

SUKHOPAR

11/01/2007

11/04/2007

19430/06

TERNOVIK AND OTHERS

11/04/2013

11/04/2013

31387/05

VASILCHUK

10/12/2009

10/05/2010

34000/07

VINNIYCHUK

20/10/2016

20/01/2017

14077/05

YANGOLENKO

10/12/2009

10/05/2010

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 Annex I to the document DH-DD(2019)914-add ) ;

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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