Interim Resolution CM/ResDH(2011)184
\n
Execution of the pilot judgment of the European Court of Human Rights
\n\nYuriy Nikolayevich Ivanov against Ukraine and of
\n\n386 cases against Ukraine concerning the failure or serious delay
\n\nin abiding by final domestic courts\u2019 decisions delivered against the state and its entities as well as the absence of an effective remedy
\n\n(Application No. 40450/04, judgment of 15/10/2009, final on 15/01/2010)
\n\n(Adopted by the Committee of Ministers on 14 September 2011
\n\nat the 1120th meeting of the Ministers\u2019 Deputies)
\n\nThe Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter \u201Cthe Convention\u201D);
\n\nHaving regard to the pilot judgment of the European Court of Human Rights (\u201Cthe Court\u201D) of 15 October 2009 in the case of Yuriy Nikolayevich Ivanov against Ukraine transmitted to the Committee for supervision of its execution under Article 46 of the Convention;
\n\nRecalling that in this judgment the Court unanimously:
\n\n- found violations arising from a practice incompatible with the Convention which consists in the state\u2019s recurrent failure in its obligation to honour judgment debts and in respect of which aggrieved parties have no effective domestic remedy;
\n\n- ordered the respondent state to set up such a remedy within one year from the date on which the judgment became final, i.e. by 15 January 2011, and by the same date to grant adequate and sufficient redress to all persons in the applicant\u2019s position in the cases lodged with the Court before the delivery of the pilot judgment;
\n\n- decided to adjourn examination of all similar cases for one year, i.e. until 15 January 2011;
\n\nRecalling further that this deadline was extended by the Court at the request of the Ukrainian authorities until 15 July 2011;
\n\nNoting that in response to the Committee\u2019s Interim Resolutions (CM/ResDH(2008)1, CM/ResDH(2009)159 and CM/ResDH(2010)222) a draft law addressing the problems identified by the Court and providing a domestic remedy was prepared;
\n\nNoting that this draft law was adopted at the first reading by the Ukrainian Parliament on 9 September 2011;
\n\nRegretting however that the Court\u2019s extended deadline for ad hoc settlement of all individual applications lodged with the Court before the delivery of the pilot judgment has not been complied with although certain progress has been achieved in this respect;
\n\nRecalling that since 2004, the Committee of Ministers has repeatedly called upon the Ukrainian authorities to set up, as a matter of priority, a domestic remedy against excessive delays in enforcement of domestic courts\u2019 decisions which would secure adequate and sufficient redress in line with the Convention\'s requirements (CM/ResDH(2008)1 and CM/ResDH(2009)159);
\n\nHaving regard to the obligation undertaken by the Ukrainian authorities under Article 46 of the Convention to abide by the judgments of the Court;
\n\nWELCOMES the adoption of the draft law (on guarantees of the State concerning the execution of court decisions) at the first reading in the Ukrainian Parliament;
\n\nSTRONGLY ENCOURAGES Ukraine to bring the legislative process to an end without any further delay given that the deadline set by the Court has expired;
\n\nCALLS UPON the Ukrainian authorities to ensure that the draft law in question meets the principles of the Convention as set out in the Court\u2019s case-law in order to constitute an appropriate response to the pilot judgment in the case of Yuriy Nikolayevich Ivanov including the allocation of appropriate budgetary means;
\n\nURGES the Ukrainian authorities to redouble their efforts to resolve without further delay the similar individual cases lodged with the Court prior to the delivery of the pilot judgment and to keep the Committee regularly informed of the solutions reached and of their implementation.