Nazar Kulchytskyy and Partners Law Firm has prepared a translation of the decision in the case of Burmich and Others v. Ukraine.
A detailed analysis of the decision will be made later. Now we want to draw your attention to the most “bright” moments of this “saga”.
Thus, for the first time, the European Court drew the attention of the Government of Ukraine to the problem of non-enforcement of domestic courts decisions in 2001.
Ukraine has not succeeded in taking more or less adequate measures to solve this problem since the adoption of a pilot judgment in the case of Yuriy Nikolayevich Ivanov v. Ukraine and, as of today, it is a joint merit of three Presidents and impossible to imagine number of prime ministers.
Moreover, the European Court expressly pointed out in the judgment that Ukrainian authorities ignored the proposals of the Council of Europe to solve this problem, in particular:
- The Government of Ukraine was offered assistance in organizing calculation of all existing debts related to individual measures, including the debts proscribed by court decisions;
- In June 2016, the Committee of Ministers proposed to systematize the information provided regarding the payment of just satisfaction, together with the calculation of the existing debts;
- The Government of Ukraine was offered the following three-steps strategy:
– calculation of the amount of debts proscribed by court decisions,
– development of an alternative scheme of the enforcement of decisions,
– making adjustments to the governmental budget, in order to ensure the effective enforcement of court decisions.
Read the translation on the link