Non-enforcement of domestic judgments

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

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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. According to the Hudoc Exec database, the group concerns about 420 cases. The Court's judgment in the case of Yuriy Nikolayevich Ivanov was adopted through a pilot judgment procedure highlighting the non-enforcement of domestic decision as a structural problem in Ukraine. According to the information available on the Hudoc Exec database, as of 18 January 2017, there were 11,780 Ivanov-type cases pending before the Court, of which 8,479 have been communicated to the Ukrainian Government. The latest action plan of the authorities was submitted for the CM-DH meeting on 9-11 June 2015.

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). The UHHRU submission under the rule 9(2) of the Rules of the Committee of Ministers filed after the NGO briefing can be found here.