Resolution CM/ ResDH (2020)139

Execution of the judgment of the European Court of Human Rights

Kryvenkyy against Ukraine

(Adopted by the Committee of Ministers on 1 July 2020 at the 1380 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

43768/07

KRYVENKYY

16/02/2017

16/05/2017

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 judgment transmitted by the Court to the Committee in this case and to the violation established on account of the arbitrary deprivation of a ” bona fide ” owner of a land-plot in 2005 without any compensation or another type of appropriate reparation ( 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 present judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)1069 ;

Having noted that, in respect of individual measures, the just satisfaction awarded by the Court covered all heads of damage, both pecuniary and non-pecuniary, and that no other individual measures are necessary;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment in relation to the arbitrary deprivation of ” bona fide ” owners of their possessions either without any or with inadequate compensation, continues to be examined within the framework of the Ukraine-Tyumen 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.