Numerous decisions of the ECtHR against Ukraine state that non-execution of a court decision awarding 133
a person monetary compensation violates not only the right to a fair trial, but also the right to free
possession of one’s property. In effect, this is a violation of the right to own and dispose of one’s property
within the meaning of Article 1 of Protocol 1 to the Convention (ECtHR judgment in Shmalko v. Ukraine
of 20 July 2004, Naumenko v. Ukraine of 9 November 2004, Varanitsa v. Ukraine of 5 April 2005, and
Shchukin and others v. Ukraine of 13 February 2014).
Example
In August 2019, P., a resident of Lviv Oblast, wrote to the Commissioner regarding the non-execution
of a decision by Sokal District Court of Lviv oblast on 6 September 2011. The decision had awarded the
applicant a lump-sum cash benefit of UAH 1,373.00 as a war veteran.
In response to the Commissioner’s request, the Treasury reported that the decision of Sokal District
Court of Lviv oblast of 6 September 2011 was only executed on 20 May 2019 – eight years after the final
court decision in the case.
The Commissioner received numerous complaints from citizens regarding non-enforcement of court
decisions on recovery of funds in cases where the debtor was a state body. These complaints were sent
to the Treasury with requests to clarify the reasons for long-term non-compliance with court decisions
and to take measures to restore property rights.
In response, the Treasury reported that according to paragraph 2 of sub-item 1 of item 9 of Section VI
“Final and Transitional Provisions” of the Budget Code of Ukraine, the undisputed write-off of the state
budget amounts is carried out by the Treasury in the order of receipt of such decisions. The amount of
funds established annually by the laws of Ukraine within the state budget is insufficient for the timely
execution of court decisions by the Treasury.
Non-enforcement of court decisions in Ukraine is systematic. During 2019, 278 applicants filed complaints
with the Commissioner regarding non-enforcement of court decisions. Similar to the above, this is the
result of many economic and legislative factors.
Following consideration of these complaints, in August 2019 the Commissioner sent a request to the
Minister of Justice of Ukraine to take action to address violations of Article 6 of the Convention for the
Protection of Human Rights and Fundamental Freedoms regarding the right to a fair trial.
Despite numerous ECtHR rulings against Ukraine that record such violations, the national legal system is
still unable to address the root causes of the systemic problem identified by the ECtHR, and to provide an
effective remedy at national level. No progress has been made, despite the recommendations made in
recent years, in particular the interim resolutions of the Committee of Ministers of the Council of Europe,
which called on Ukraine to take the necessary decisive action in its domestic legal system without further
delay.
CHAPTER 6
Chapter 6. Compliance with the rule of law in the exercise of justice
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