Resolution CM/ResDH(2023)147

Execution of the judgment of the European Court of Human Rights

Malynovska against Ukraine

(Adopted by the Committee of Ministers on 7 June 2023 at the 1468 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

74576/13

MALYNOVSKA

03/02/2022

03/02/2022

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 non-suspensive effect of appeals in administrative offence proceedings which led to detention (violation of Article 2 of Protocol No. 7);

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 judgment and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2023)360 );

Considering that the question of individual measures was therefore resolved, given the applicant has not requested the reopening of the domestic proceedings;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Shvydka case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;

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

DECIDES to close the examination of this case.