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Call for Ukrainian authorities to solve the problem of non-enforcement of domestic court decisions

11.12.2009    source: www.coe.int
The Committee of Ministers of the Council of Europe has adopted a second Interim Resolution in response to a number of cases against Ukraine concerning the failure or serious delay in abiding by final domestic courts’ decisions delivered against the state

The Committee of Ministers of the Council of Europe has adopted a second Interim Resolution in response to a number of cases against Ukraine concerning the failure or serious delay in abiding by final domestic courts’ decisions delivered against the state.

In its Interim Resolution, the Committee recalled that the dysfunction of the justice system as a consequence of non-enforcement of final courts decisions represents an important danger, not least for the respect of the Rule of Law, but also frustrates citizens’ confidence in the judicial system.

The Ukrainian authorities have reported a number of initiatives to tackle the problem since the beginning of the Committee of Ministers’ supervision of the execution of these judgments. However, no satisfactory results have yet been achieved in their implementation. Moreover, these initiatives address only certain aspects of the complex problem of non-enforcement of domestic court decisions.

Consequently, the Committee reiterated its call to the Ukrainian authorities at the highest level to adhere to their political commitment to resolving the problem of non-enforcement of domestic courts’ decision. It strongly urged them to rapidly adopt the necessary measures including setting up, as a matter of priority, a domestic remedy which should secure adequate and sufficient redress in line with the requirements of the European Convention on Human Rights.

Link to the text of the Interim Resolution  (CM/ResDH(2009)159).

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Under Article 46 of the European Convention on Human Rights, respondent States have undertaken to abide by the judgments of the European Court of Human Rights. The compliance with this obligation is supervised by the Committee of Ministers of the Council of Europe.

Further information on the execution of the Court’s judgments, including the Committee of Ministers’ annual reports on its supervision of judgments – are available on www.coe.int/execution

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