Resolution CM/ResDH(2022)140

Execution of the judgments of the European Court of Human Rights

Five cases against Ukraine

(Adopted by the Committee of Ministers on 10 June 2022 at the 1436 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

8531/13

KUSHNIR

28/01/2021

28/01/2021

19086/12+

MINAK AND OTHERS

07/02/2019

07/02/2019

795/09

OSIPOV

08/10/2020

08/10/2020

63510/11+

PECHENIZKYY AND OTHERS

08/11/2018

08/11/2018

29446/12+

SOZONOV AND OTHERS

08/11/2018

08/11/2018

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 violations of the right to a fair trial due to the domestic authorities’ failure to duly notify the applicants of court proceedings against them;

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 plan 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 (see document DH-DD(2022)20 );

Considering that the question of individual measures was resolved given that the domestic proceedings were reopened where requested by the applicants and they were duly notified about the new hearing;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Gurepka v. Ukraine (No. 2) group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

Recalling that questions related to breach of the principle of legal certainty, raised by the Minak and Others case, was examined by the Committee in the context of the supervision of the Ponomaryov group of cases, closed by Final Resolution CM/ResDH(2021)254 ;

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

DECIDES to close the examination of these cases.