Resolution CM/ResDH(2022)180

Execution of the judgment of the European Court of Human Rights

Stetsov against Ukraine

(Adopted by the Committee of Ministers on 30 June 2022

at the 1438 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

5170/15

STETSOV

11/05/2021

11/08/2021

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 judgment transmitted by the Court to the Committee in this case and to the violation established on account of the disproportionate travel ban imposed on the applicant in 2014-2018 and the lack of avenue available to challenge the same (violation of Article 2 of Protocol No. 4);

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 measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)303 );

Considering that the question of individual measures was resolved given that the applicant’s temporary ban to leave Ukraine was lifted in 2021;

Considering that the question of general measures related to the legislative lacuna identified by the Court has been resolved in this case, given the reform of civil procedure, in particular the amendments to Article 441 of the Code of Civil Procedure in 2018 which allowed debtors to bring proceedings to lift travel bans;

Recalling that the question of general measures required in response to the broader shortcomings found by the Court in the present judgment related to administrative and judicial practice in the application of travel bans in similar circumstances will continue to be examined in the framework of the Vlasenko case;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.