Resolution CM/ ResDH (2019)28 Execution of the judgments of the European Court of Human Rights Eight cases against Ukraine

(Adopted by the Committee of Ministers on 30 January 2019 at the 1335 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

21979/04

PYSATYUK

16/04/2009

14/09/2009

22600/02

KUCHERENKO

26/07/2007

26/10/2007

28585/04

PALAMARCHUK

15/07/2010

22/11/2010

32425/08+

GAVRILYAK AND OTHERS

02/02/2017

02/02/2017

39970/02

SHANKO

26/07/2007

26/10/2007

64836/16

MAKEDON

28/09/2017

28/09/2017

69435/01

KARIMOV

31/01/2008

8416/06+

YUDINA AND OTHERS

12/10/2016

12/01/2017

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of THE excessive length of civil proceedings as well as the lack of an effective remedy in this respect (violations of Articles 6, paragraph 1, and 13);

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 and the state of the domestic proceedings (see Annex I to the document DH-DD(2018)760 ) ;

Considering that the question of individual measures has therefore been resolved in these cases, given that the domestic proceedings have been terminated ;

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 Svetlana Naumenko group 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 thereof.