NEWS AND REVIEWS BY TOPIC
The Cabinet of Ministers of Ukraine adopted Order No. 210-r on 17 March 2021 “On approving the Action Plan on the implementation of the National Strategy for resolving the problem of the non-execution of court judgments by state bodies or state enterprises, institutions or organisations as debtors by 2022”.
On 9-11 March 2021, a meeting of the Committee of Ministers of the Council of Europe was held, where another decision was made on the status of Ukraine’s execution of judgments in the cases of Zhovner, Ivanov, Burmych and Others v. Ukraine.
The European Court of Human Rights found Ukraine’s long-term failure to comply with the obligations of state authorities and state-owned or controlled enterprises/institutions to execute the judgments of national courts taken against them in the cases of Zhovner v. Ukraine, Yuriy Nikolayevich Ivanov v. Ukraine and Burmych and Others v. Ukraine (applications nos. 40450/04, 56848/00, 46852/13).
Various cases indicate a violation of the right to a fair trial (violation of Article 6 (1) of the European Convention on Human Rights). In addition, they point to the lack of effective remedies at the national level in the event of non-execution of judgments or delays in such execution (violation of Article 13 of the European Convention on Human Rights).
In accordance with Article 6 (1), of the European Convention on Human Rights, all judicial decisions taken as a result of the independent and impartial proceedings must be duly and timely executed. In a nutshell, the state is obliged to guarantee the execution of the judgment.
As established in the judgments of the European Court of Human Rights in the cases of Yuriy Nikolayevich Ivanov v. Ukraine and Burmych and Others v. Ukraine, the issue of the non-execution of national court judgments in Ukraine is the systemic problem, which leads to a number of negative consequences in legislation, judicial practice and budgetary procedures.
This problem has a wide-ranging and complex nature, thus requires the implementation of comprehensive legislative and administrative measures, with the involvement of various national authorities. The existence of this problem poses a serious threat to the rule of law, as well as calling into question the confidence of the people in the judicial system and the state as a whole.
The rights guaranteed by the European Convention on Human Rights cannot be ensured without the execution of national court judgments. The rule of law and access to justice cannot be exercised. And consequently, the European Convention on Human Rights will not function properly.
In accordance with Article 46 of the European Convention on Human Rights, Ukraine is obliged to solve the stated problems and execute the judgments in the cases of Zhovner, Ivanov, Burmych and others v. Ukraine.
In case of improper fulfilment by Ukraine of its international obligations, including failure to comply with the judgments of the European Court of Human Rights, the Council of Europe may raise the issue of temporary deprivation of the right of representation and withdrawal from the Council of Europe, or even termination of membership of the organisation.
This web-page is developed with the support of the Council of Europe project “Further support for the execution by Ukraine of judgments in respect of Article 6 of the European Convention on Human Rights”, which is funded by the Human Rights Trust Fund.