Back Analysis of the national legislation of Ukraine providing for social benefits in the context of execution of the European Court of Human Right judgements in Burmych and others v. Ukraine group of cases and other cases

Analysis of the national legislation of Ukraine providing for social benefits in the context of execution of the European Court of Human Right judgements in Burmych and others v. Ukraine group of cases and other cases

The Council of Europe Project "Promoting social human rights as a key factor of sustainable democracy in Ukraine" presents the Analysis of the national legislation of Ukraine providing for social benefits in the context of execution of the European Court of Human Right judgements in Burmych and others v. Ukraine group of cases, other ECtHR judgements on non-enforcement of decisions of the Ukrainian national courts on social issues.

The author of the analysis, national consultant of the Council of Europe project "Promoting social human rights as a key factor of sustainable democracy in Ukraine" Ms Alla Fedorova points out the following issues:

  • The development and implementation of an effective mechanism for the enforcement of the national courts’ decisions which provide for recoveries from the state in favour of claimants;
  • The development and adoption of legislative amendments aimed at eliminating deficiencies forсing Ukrainian citizens to apply to courts to be able to receive benefits from the social security system provided by the national legislation in force;
  • The development and adoption of legislative amendments to address the reasons for labour disputes over outstanding payments before employees;
  • A separate group of issues is related to the review/cancellation of the moratorium on enforcements against the property of state enterprises and economic entities where the state possesses at least 25% of the share capital, which might relate to the protection of labour rights of employees and many other issues.

Ms Alla Fedorova also provides recommendations to address the challenges presented in the Analysis.

The above mentioned analysis is available in English.

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Council of Europe Project "Promoting social human rights as a key factor of sustainable democracy in Ukraine" is being implemented since 1 August, 2019 for two years in sphere of the development and protection of social human rights, namely persons with disabilities (Article 15 of the European Social Charter (Charter), older persons (Article 23 of the Charter), children (Articles 7, 15 of the Charter).

Kyiv, Ukraine 29 October 2020
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