Interim Resolution CM/ ResDH (2017)184 Execution of the judgments of the European Court of Human Rights Yuriy Nikolayevich Ivanov and Zhovner group against Ukraine concerning the non-enforcement or delayed enforcement of domestic judicial decisions and the lack of an effective remedy in respect thereof

(Adopted by the Committee of Ministers on 7 June 2017 at the 1288 th meeting of the Ministers ’ Deputies)

Application

Case

Judgment of

Final on

Indicator for the classification

40450/04

YURIY NIKOLAYEVICH IVANOV

15/10/2009

15/01/2010

Pilot judgment

56848/00

ZHOVNER GROUP (List of cases CM/Notes/1288/H46-38-app )

29/06/2004

29/09/2004

Complex problem

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”);

Having regard to the pilot judgment of the European Court of Human Rights (“the Court”) of 15 October 2009 in the case of Yuriy Nikolayevich Ivanov against Ukraine and 418 cases in the Zhovner group transmitted to the Committee for supervision of their execution under Article 46 of the Convention;

Recalling that the problems revealed by the present cases, notably the non-enforcement or delayed enforcement of final domestic judicial decisions and the lack of an effective remedy in respect thereof, have been pending before the Committee since 2004;

Recalling further that for more than a decade the Committee has, in five interim resolutions and numerous decisions, called upon the authorities to adopt, as a matter of priority, the necessary measures in its domestic legal system and to take resolute action without further delay including to implement the following three-step strategy:

- calculation of the amount of debt arising from unenforced decisions;

- introduction of a payment scheme with certain conditions, or containing alternative solutions, to ensure the enforcement of still unenforced decisions;

- introduction of the necessary adjustments in the state budget so that sufficient funds are made available for the effective functioning of the above-mentioned payment scheme, as well as necessary procedures to ensure that budgetary constraints are duly considered when passing legislation to prevent situations of non-enforcement of domestic court decisions rendered against the State or state enterprises;

Recalling the constant position of the Committee, that the problems at the root of the violations found by the Court in these judgments are large-scale and complex in nature and that their resolution requires the implementation of comprehensive and complex measures at both central and local level;

Noting that some steps have been taken to initiate reflection on the implementation of the three-step strategy but that no concrete progress in this respect has so far been reported;

Noting further the lack of progress as regards a unified approach or global strategy for reaching settlements in the cases already pending before the European Court and preventing an influx of new applications being lodged before it;

RECALLING again that the dysfunction of the justice system, as a consequence of the non-enforcement or delayed enforcement of domestic judgments, represents an important danger for the respect of the rule of law, undermines people ’ s confidence in the judicial system and puts into question the credibility of the State;

NOTED that, in view of the increasing number of applications brought before the European Court, the lack of progress puts an additional undue burden on the Convention system;

EXPRESSED profound concern about the lack of concrete progress in the implementation of the pilot judgment after so many years;

CALLED UPON the authorities to provide comprehensive information relating to the payment of just satisfaction and, where applicable, the enforcement of domestic judicial decisions, and a clear time-frame for the submission of complete and up-to-date information in respect of individual measures;

STRONGLY URGED the authorities, at the highest political level, to hold to their commitment to resolve the problem of non-enforcement of domestic judicial decisions and to adopt, as a matter of priority, the general measures required fully to comply with the pilot judgment and aimed at finding a long-lasting solution to the problem of non-enforcement or delayed enforcement of domestic judicial decisions;

INVITED the authorities fully to co-operate with the Committee and the Secretariat with a view to achieving tangible progress in the implementation of the three-step strategy on the basis of a clear and realistic timetable and to establish a long-term viable solution for the non-enforcement or delayed enforcement of final judicial decisions;

DECIDED to resume consideration of this group of cases at their 1302 nd meeting (December 2017) (DH).