Non-enforcement of domestic judgments

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Yuriy Nikolayevich Ivanov and Zhovner group v Ukraine (Appl. Nos. 40450/04, 56848/00)

Briefed on: 24 May 2017 and on 28 May 2018

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  • Rule 9 submission by the Ukrainian Helsinki Human Rights Union
  • Case summary for the case of Yuriy Nikolayevich Ivanov by the Council of Europe's Department for the Execution of Judgments
  • Case summary for the Zhovner group by the Council of Europe's Department for the Execution of Judgments
  • Action Report by the Ukrainian government

These cases relate to the structural problem of non-enforcement or delayed enforcement of domestic judicial decisions, mostly delivered against the State and against state owned or controlled entities, and to the lack of an effective remedy in this respect. The Court found Ukraine in violation of Articles 6.1, 13 and Article 1 of Protocol 1 of the Convention. 

In October 2017, the Grand Chamber delivered its judgement in the Burmych case, effectively transmitting over 12,000 pending and future similar cases to the Committee of Ministers to be dealt with in the context of the general measures that would be required going forward to execute the Ivanov pilot judgment. This includes providing redress for all the domestic judicial decisions that remain non-enforced or delayed as well as payment of the debt stemming from the judgment.

Mr Maksym Shscherbatyuk, Programme Director, Ukrainian Helsinki Human Rights Union, focused his presentation on the root causes of the problem of non-enforcement or delayed enforcement of domestic judicial decisions in Ukraine. These include the excessive use of moratoriums, the scale and scope of the State’s social benefit responsibilities and obligations, the public’s lack of trust in the judiciary, and others. He also noted that the national authorities have allocated 1 billion UAH to cover the debt even though it appears that at least 31 billion UAH may be needed. Mr Shscherbatyuk recommended the abolishment or limitation of moratoriums that make it impossible to enforce court decisions against the State and State-owned and -controlled companies in various sectors; and the establishment of a special mechanism to help align the amount of the State’s obligatory social obligations with the State budget.

 

 

Latest information on the execution of these cases and recommendations to the Ukrainian Government were presented by Maksim Shcherbatyuk from the Ukrainian Helsinki Human Rights Union (UHHRU).