On 18 March, the Department for the Execution of Judgments met with a delegation of judges of the Constitutional Court of Ukraine to discuss the role of constitutional courts in the execution of the European Court’s judgments. The discussions notably touched upon the measures of implementation relating to judgments concerning Ukraine: Petukhov No. 2, Oleksandr Volkov, Polyakh and Others, and Zelenchuk and Tsytsyura.
The participants also exchanged views on several issues related to the structural problem of non-execution of domestic court judgments in Zhovner / Yuriy Ivanov / Burmych and Others, in particular moratoria (legislative prohibitions of the execution of domestic court judgments delivered against certain categories of debtors), a complex issue discussed in detail recently during the High Level International Conference organised by the Council of Europe under the auspices of the Presidency of Luxembourg at the Committee of Ministers of the Council of Europe, as one of the long-standing root causes of the problem in this group of cases. The participants further discussed the issue of social payments provided for by domestic legislation and subject to enforcement by the domestic courts as well as problem of funding of enforcement of such national courts’ judgments.
The visit of the delegation of the Constitutional Court was held in the framework of the EU-CoE joint project “Support to development of the constitutional justice in Ukraine (Partnership for Good Governance III Ukraine)” implemented by the Co-operation Programmes Division of the Department for the Implementation of Human Rights, Justice and Legal Co-operation standards of the Council of Europe.
