Resolution CM/ResDH(2023)270

Execution of the judgment of the European Court of Human Rights

Kochkina and Kochkin against Ukraine

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

46311/08+

KOCHKINA AND KOCHKIN

10/09/2020

10/09/2020

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 this case and to the violation established on account of the non-enforcement or delayed enforcement of domestic judicial decisions, and to the lack of an effective remedy in this respect;

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 including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)87 );

Considering that the question of individual measures was resolved, given that the enforcement proceedings related to the domestic judicial decision have been terminated and the domestic case-file destroyed due to the expiration of the storage period;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Yuriy Nikolayevich Ivanov / Zhovner and Burmych and Others group of cases also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required to resolve the problem of non-enforcement or delayed enforcement of domestic judicial decisions and the lack of an effective domestic remedy in this respect;

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

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the problem of non-enforcement or delayed enforcement of domestic judicial decisions and the lack of an effective domestic remedy in this respect in the Yuriy Nikolayevich Ivanov / Zhovner and Burmych and Others group of cases;

DECIDES to close the examination of this case.