Resolution CM/ ResDH (2020)121

Execution of the judgments of the European Court of Human Rights

Seven cases against Ukraine

(Adopted by the Committee of Ministers on 17 June 2020 at the 1379 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

36245/12+

BILA AND OTHERS

20/12/2018

42991/13+

BOLYUKH AND OTHERS

06/12/2018

06/12/2018

3075/13+

GRYTSA AND SHADURA

27/06/2019

27/06/2019

37666/13

KHARCHENKO

03/10/2019

03/10/2019

27793/08

LOPUSHANSKYY

02/02/2017

02/02/2017

34361/06

SLYUSAR

08/03/2012

08/06/2012

18656/13

VIKTOR NAZARENKO

03/10/2017

03/01/2018

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 of the right to a fair trial established on account of violation due to the domestic authorities ’ failure to duly notify the applicants of court proceedings against them;

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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)234 );

Considering that the question of individual measures was resolved, given that the domestic proceedings were reopened, where requested by the applicants, and they were duly notified about the new hearings;

Recalling 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 Gurepka v. Ukraine (No. 2) group of cases and that the closure of these cases therefore in no way prejudges the Committee ’ s evaluation of the general measures required;

Noting that question related to breach of the principle of legal certainty, raised by the Bila and others case, is being examined by the Committee in the context of the Ponomaryov group of cases;

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

DECIDES to close the examination of these cases.