Resolution CM/ ResDH (2017)294 Execution of the judgments of the European Court of Human Rights Seven cases against Ukraine

(Adopted by the Committee of Ministers on 21 September 2017 at the 1294 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

22737/04

IGOR SHEVCHENKO

12/01/2012

04/06/2012

21454/04

MERKULOVA

03/03/2011

03/06/2011

5952/07

MASNEVA

20/12/2011

20/03/2012

48229/10

PADURA

11/12/2014

11/12/2014

15938/02

MYRONENKO

18/02/2010

18/05/2010

38765/05

OLEYNIKOVA

15/12/2011

15/03/2012

40458/08

TUCHIN AND TUCHINA

26/05/2016

26/05/2016

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;

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 by the government indicating the 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 document DH-DD(2017)716 ) ;

Having further noted, with respect to individual measures, that the criminal proceedings are now closed and that the facts occurred in these cases before the entry into force of the new Code of Criminal Procedure in November 2012;

Having noted, in respect of the general measures adopted, that progress has been made in the execution process, in particular through the adoption of the new 2012 Code of Criminal Procedure; and that the outstanding questions related to the impact of the general measures will remain under the supervision of the Committee in the context of the Khaylo group of cases;

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

DECIDES to close the examination thereof.