Published on 15 May 2023

FIFTH SECTION

Application nos. 10789/18 and 3339/23 Petro Ivanovych YAKOVETS against Ukraine and Yuriy Yuriyovych RYASKA against Ukraine lodged on 12 February 2018 and 29 December 2022 respectively communicated on 26 April 2023

SUBJECT MATTER OF THE CASES

The applications concern the applicants’ complaint about the alleged failure of the State to enforce the final judgments issued in their favour, ordering the relevant State authorities to perform certain actions (see Appendix).

The applicants relied on Articles 6 and 13 of the Convention.

QUESTIONS TO THE PARTIES

1. Do the present cases fall within the category of cases for which it is justified, in accordance with the Grand Chamber judgment in the case of Burmych and Others v. Ukraine ((striking out) [GC], nos. 46852/13 et al., 12 October 2017) , to be struck out of the list of cases and transferred for processing to the Committee of Ministers of the Council of Europe?

2. If not, was the failure of the respective State authorities to comply with the judgments (see Appendix), given in the applicants’ favour, compatible with the applicants’ rights guaranteed by Article 6 § 1 of the Convention? Did the applicants have at their disposal an effective domestic remedy for their complaint under Article 6, as required by Article 13 of the Convention?

APPENDIX

List of cases

No.

Application no.

and date of

introduction

Applicant Year of Birth Place of Residence

Relevant domestic judgment

Action to be performed

1.

10789/18

12/02/2018

Petro Ivanovych YAKOVETS 1949 Uzhgorod

Kyiv Circuit

Administrative Court,

16 July 2013

Reinstatement of the applicant in the post of a Deputy Head of the State Plant Quarantine Inspection in Zakarpattia Region.

2.

3339/23

29/12/2022

Yuriy Yuriyovych RYASKA 1960 Beregove Zakarpattya region

Berehivskyi District Court of Zakarpattia Region,

20 January 2009

The court obliged the civil servants of the Berehivskyi Interdistrict Department for Water Management to carry out an investigation into the reasons for occurrence of the applicant’s professional illness.