ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
CHAPTER 6
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In a Memorandum on “Cases considered by the Committee of Ministers concerning non-execution or
late execution of decisions of national courts in Ukraine (case Yurii Ivanov v. Ukraine and group of cases
Zhovner v. Ukraine)”published in 2018, the Committee of Ministers of the Council of Europe identified
the main shortcomings related to execution of court decisions made by national courts in Ukraine that
require priority solutions:
•
a lack of adequate budget funding to execute court decisions against state enterprises, institutions
and organizations;
•
the impossibility of seizing state-owned property or property belonging to insolvent companies
owned by the State in accordance with the moratorium on the forced sale of property;
•
a lack of appropriate enforcement procedures;
•
a lack of due responsibility (criminal, administrative, civil or disciplinary) of state executors for
non-execution of court decisions, and lack of responsibility of administrators in bankruptcy and
liquidation proceedings for non-execution of decisions;
•
the inefficiency of the executive service; and
•
a lack of appropriate and effective rules to ensure the effectiveness of compensation for delays in the
enforcement of judgments and the need to implement effective national remedies that must meet
the essential requirements of the Convention following a pilot decision of the ECtHR in this matter.
In its decision of 25 September 2019, the Committee of Ministers of the Council of Europe expressed
a warning about the lack of further real action in developing appropriate institutional, legislative and
other practical measures to implement decisions in the group of cases Yurii Ivanov, Zhovner, Burmych
and others v. Ukraine. It reiterated that the delay in full implementation of the general measures is a
matter of serious concern.
To address this problem, an appropriate legal act needs to be developed that will regulate the
implementation of these decisions of the ECtHR.
RECOMMENDATIONS
To the Cabinet of Ministers of Ukraine – develop and approve the National Strategy for implementation
of general measures to enforce the decisions of the European Court of Human Rights in cases of Yurii
Ivanov v. Ukraine and Burmych and others v. Ukraine.
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