Ukraine: Further support for the execution of judgments in respect of Article 6 of the European Court of Human Rights
Supreme Court, Parliamentary Committee on Legal Policy and its Subcommittee for the execution of the ECtHR judgments, Ministry of Justice of Ukraine and the Government Agent before the European Court of Human Rights.
- prevention of nonexecution of judgments of national courts;
- development of remedies concerning excessive length of judicial proceedings;
- improvement of access to justice and strengthening judicial independence;
- building effective procedures related to interaction between the Supreme Court and the European Court of Human Rights.
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.
1 – Solving the issue of non-execution of national judgments
Aim of the component: 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".
2 – Solving the issue of the excessive length of judicial proceedings
Aim of the component: 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 (the cases of “Svetlana Naumenko v. Ukraine”, “Merit v. Ukraine”).
3 – Improvement of access to justice and strengthening judicial independence
Aim of the component: to support Ukraine in further implementation of the Council of Europe standards on the improvement of access to justice in line with the certain 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 (the Volkov group of cases).
4 – Building the effective procedures related to interaction with the European Court of Human Rights
Aim of the component: 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 (the cases of “Bochan v. Ukraine (no. 2)”, “Yaremenko v. Ukraine (no.2)” and “Shabelnik v. Ukraine (no.2)”).
The Ukrainian national strategy on the prevention of non-execution of judgments of national courts is finalised, adopted by relevant Ukrainian bodies, and the start of implementation.
Within the Ukrainian legislation, the national remedies concerning the excessive length of judicial proceedings are developed and started to be introduced, in parallel with the introduction of other relevant general measures.
A set of recommendations towards the improvement of access to justice and strengthening judicial independence in Ukraine are provided and are implemented.
Ukraine’s Supreme Court is supported in building effective procedures related to interaction with the European Court of Human Rights.
Ukraine: Further support for the execution of judgments in respect of Article 6 of the European Convention on Human Rights
Third Annual Forum: Execution of judgments of national courts in Ukraine
On 5 November 2020, the annual forum “Execution of judgments of national courts in Ukraine” (The forum) was organised for the third consecutive year 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...