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About the Project

The project of the Council of Europe “Further support for the execution by Ukraine of judgments in respect of Article 6 of the European Convention on Human Rights” is funded by the Human Rights Trust Fund and is being implemented in Ukraine by the Justice and Legal Co-operation Department of the Council of Europe.

Duration of the project – 20 months (1 November 2019 – 30 June 2021).

Budget of the project – 800 000 Euro.

 

Overall project objective:

To support Ukraine in providing accessible, full and effective justice through the execution of judgments in which violations of Article 6 of the European Convention on Human Rights are established.

 

Specific project objectives:

Specific objective 1

To support Ukraine in meeting the measures defined with regard to the issue of non-execution of judgments of national courts in the European Court of Human Rights judgments of “Zhovner v. Ukraine”, "Yuriy Nikolayevich Ivanov v. Ukraine", "Burmych and others v. Ukraine".

Specific objective 2

To support the Ukrainian authorities in further introduction of effective remedies, aimed at compensation and acceleration of the judicial proceedings, as well as other practical measures to be taken by the Ukrainian authorities through the codes of judicial procedure (cases “Svetlana Naumenko v. Ukraine”, “Merit v. Ukraine”).

Specific objective 3

To support Ukraine in further implementation of the Council of Europe standards on the improvement of access to justice in line with the judgments of the European Court of Human Rights (in the cases of “Nataliya Mikhaylenko v. Ukraine”, “Feldman and Slovyanskyy Bank v.

Ukraine”, “Tserkva Sela Sosulivka v. Ukraine”, “Viktor Nazarenko v. Ukraine”, “Frida, LLC v.

Ukraine”, “Sokurenko and Strygun v. Ukraine”, “Mykhailova v. Ukraine”) and strengthening judicial independence (Volkov group of cases).

Specific objective 4

To support the Supreme Court in building effective procedures on interaction with the European Court of Human Rights, with a focus on the implementation of the Protocol No. 16 to the European Convention on Human Rights and as to the reopening of judicial proceedings following a judgment of the European Court of Human Rights (cases “Bochan v. Ukraine (no. 2)”, “Yaremenko v. Ukraine (no.2)” and “Shabelnik v. Ukraine (no.2)”).

 

Project Partners

  • The Ministry of Justice of Ukraine (the Office of the Government Agent before the European Court of Human Rights)
  • The Supreme Court
  • The High Council of Justice

Expert opinions / reports / reviews

 Overview of the practices of the Council of Europe member states in introducing effective remedies to solve the problem of the excessive length of judicial proceedings 

 Legal Review of the Draft Regulation “On the Unified State Registry of Enforcement Documents”, Lilian Apostol 

 Executive summary of the Report of the Draft Regulation “On the Unified State Register of Enforcement Documents”, Oleksii Solomko 

 Analysis of the 2019 Annual Report of the HCJ “On Ensuring the Independence of the Judiciary in Ukraine”, Diana Kovatcheva 

 Executive summary of the Overview of the 2019 Annual Report of the HCJ “On Ensuring the Independence of the Judiciary in Ukraine”, Kushnir Iryna 

 Executive summary of the Monitoring of judicial decisions of the Grand Chamber of the Supreme Court in the aspect of the ECtHR judgments in the cases Bochan/Yaremenko/Shabelnik v. Ukraine Nos.2, Iryna Kushnir 

 Executive summary of the Analysis of the progress of Ukraine in implementing the Volkov group of judgments of the ECtHR for the period of 2014-2020, Roman Kuybida 

 Expert analysis “Improving socially-oriented legislation as part of the execution of the ECtHR judgments. Selected practice of the Council of Europe member states”, Lilian Apostol 

 Expert Analysis “Parliamentarian oversight on the execution of the ECtHR judgments: Brief overview of the practices of CoE member states resolving the systemic problem of non-execution”, Lilian Apostol 

 Analysis “Best practices of the CoE member states and the CoE standards pertaining to the judicial control over the execution of national judgments”, Jos Uitdehaag 

 Executive summary of the Report “Court statistical data on the length of proceedings in civil, commercial, and administrative cases”, Roman Kuybida 

 Expert opinion “On improving access to justice, removal of procedural barriers and ensuring the right to an impartial judge in Ukraine: Compliance with Article 6 of the ECHR and execution of the 3 ECtHR judgments”, Lorena Bachmaier-Winter 

 Executive summary of the analysis “Procedure and practice on bankruptcy of state enterprises in Ukraine in the context of the execution of the ECtHR judgements in the Burmych group of cases”, Ruslan Melnychenko 

 Executive summary Expert opinion “On draft law No. 3120 with regard to the ratification of Protocol No. 16 to the ECHR”, Nina Kucheruk (Jurimex) 

 Report of the expert discussions on the issue of non-execution of national judgments conducted in June-September 2020, Andrii Avtorgov 

 Report of the expert discussions of the 2019 Annual report of the High Council of Justice, Oleksandr Drozdov 

 Assessment of CEPEJ tools for the comprehensive statistical data collection on the length of court proceedings, Adis Hodzic 

Recommendations of the Third Annual Forum “Execution of National Judgments in Ukraine”

 Guidelines Report – Institutional Cooperation in the implementation of the ECtHR judgments 

 Summary “Analysis of the national mechanisms of judicial control over the execution of judgments in Ukraine (in the Burmych context)”, Olesia Otradnova 

 Analysis of the the National Strategy addressing the issue of non-execution of judgments where state bodies or state enterprises, institutions, or organisations are debtors until 2022 and of the Action Plan to support its implementation, Ruslan Sydorovych 

 Executive summary of the Analysis of the court practice of applying the institution of model cases in administrative proceedings as a measure to reduce the duration of court proceedings, Roman Kuybida

 Report on the expert discussions concerning the implementation of necessary measures for the execution of the ECtHR judgments in the cases of Ivanov/Burmych, Andrii Avtorgov

Executive summary of the report on the length of criminal proceedings that were concluded in April-May 2020 following the appellate review, Mr Oleh Prostybozhenko

 Report on improving the court monitoring and evaluation system in Ukrainian courts, Adis Hodzic

 Summary of the Report on the results of a sociological survey on the factors that lead to the excessive length of judicial proceedings and mechanisms aimed at addressing the prolonged consideration of cases, Razumkov Centre

 Summary of the Report on the results of a sociological study on the problem of non-execution of judgments in Ukraine and measures to address it, Razumkov Centre

Project publications

 Annual Report 2019 of the High Council of Justice “On Ensuring Judicial Independence in Ukraine” (abridged version) and conclusions of the Council of Europe experts 

 Executive summary of the Analysis of the progress of Ukraine in implementing the Volkov group of judgments of the ECtHR for the period of 2014-2020, Roman Kuybida 

 Collection of expert documents in the context of execution of Ivanov/Burmych judgments (in Ukrainian) 

Project Video
Contacts

Irina Pinischuk, Project Assistant

Council of Europe Office in Ukraine
8 Illinska Street, Entrance 7, 04070 Kyiv, Ukraine
Tel.: + 38 (044) 425 33 70 (ext. 161)

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Back Expert Consultations: Improvement of the Draft Regulation “On the Unified State Register of Enforcement Documents” in the context of the execution of the Burmych group of judgments of the European Court of Human Rights

Expert Consultations: Improvement of the Draft Regulation “On the Unified State Register of Enforcement Documents” in the context of the execution of the Burmych group of judgments of the European Court of Human Rights

On 9 June 2020, the expert consultations “Improvement of the Draft Regulation “On the Unified State Register of Enforcement Documents” in the context of the execution of the Burmych group of judgments of the European Court of Human Rights” took place in Kyiv, Ukraine. This event was conducted with the participation of the representatives of the State Judicial Administration of Ukraine, the Ministry of Justice of Ukraine, as well as the representatives and experts of the Council of Europe. It was organised by 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” (Project), which is funded by the Human Rights Trust Fund.

The expert consultations aimed at presenting the expert recommendations and discussing the problematic issues of the Draft Regulation “On the Unified State Register of Enforcement Documents” (Regulation), as well as suggesting the possible ways to improve this Regulation in light of the execution of the Burmych group of judgments.

During the event, the Head of Division of the Department for the Execution of Judgments of the ECtHR – Mr Pavlo Pushkar, informed about the actions required by the Committee of Ministers of the Council of Europe (Committee of Ministers) for the execution of the Burmych group of judgments, emphasizing the need to prepare a comprehensive package of legislative acts. He also urged the state authorities to incorporate the provided expert recommendations and adopt the improved Regulation by the next meeting of the Committee of Ministers, which is planned for September 2020.

International and national experts of the Project - Mr Lilian Apostol, expert in the execution of ECtHR judgments, and Mr Oleksii Solomko, counsel and head of the enforcement proceedings practice of ADER HABER, – presented their reports with the relevant conclusions and recommendations on the enhancement and effective implementation of the Regulation with a purpose to ensure better with the Council of Europe requirements for the execution of the Burmych group of judgments.

As a result of the discussion, the participants have agreed that the State Judicial Administration of Ukraine together with the Ministry of Justice of Ukraine would improve the Draft Regulation “On the Unified State Register of Enforcement Documents” according to the provided expert recommendations and proposals. The State Judicial Administration of Ukraine will also inform about the date of approval of the finalised Regulation while taking into account the upcoming meeting of the Committee of Ministers in September 2020.

The participants confirmed their willingness to continue cooperation in ensuring the full execution of the Burmych group of judgments.

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” is financed by the Human Rights Trust Fund. The overall objective of the project is to support Ukraine in providing accessible, full and effective justice through the execution of judgments in which violations of Article 6 of the European Convention on Human Rights are established. The Project is focused on the following areas: non-execution of judgments of national courts, effective remedies from excessive length of judicial proceedings, independence of judges and access to justice, and on effective mechanisms of cooperation between the Supreme Court and the European Court of Human Rights.

The above-mentioned project is being implemented by the Justice and Legal Co-operation Department of the Council of Europe.

Kyiv, Ukraine 12 June 2020
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