Resolution CM/ResDH(2023)42

Execution of the judgment of the European Court of Human Rights

Veniamin Tymoshenko and Others against Ukraine

(Adopted by the Committee of Ministers on 9 March 2023 at the 1459 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

48408/12

VENIAMIN TYMOSHENKO AND OTHERS

02/10/2014

02/01/2015

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 related to the interference with the applicants’ right to strike in the transport sector under Article 11 which was not based on sufficiently clear and foreseeable legislation;

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 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)1424 );

Noting the recent adoption on 18 October 2022 by the Parliament of the Draft Law No. 4048 which removed the unconditional ban on the right to strike for employees working in the transport sector and harmonised the regulations with the legislation on collective labour disputes in other sectors;

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.