Resolution CM/ ResDH (2020)46

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

(Adopted by the Committee of Ministers on 5 March 2020 at the 1369 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

10319/04

ANDRIANOVA AND OTHERS

12/12/2013

12/12/2013

13977/05+

VINNIK AND 45 OTHER APPLICATIONS

07/11/2013

07/11/2013

21231/05

PANOV

10/12/2009

10/05/2010

28070/04

GVOZDETSKIY

15/10/2009

01/03/2010

30675/06+

GIMADULINA AND OTHERS

10/12/2009

10/03/2010

4510/05+

LOGACHOVA AND OTHERS

10/12/2009

10/05/2010

6155/05+

KYSELYOVA AND 22 OTHER APPLICATIONS

09/01/2014

09/01/2014

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 in order 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 above as regards the individual measures and

DECIDES to close the examination of thereof.