DEREVYANKO AND BELETSKIY v. UKRAINE - 35765/05 [2007] ECHR 803 (11 October 2007)

DEREVYANKO AND BELETSKIY v. UKRAINE - 35765/05 [2007] ECHR 803 (11 October 2007)

The prolonged non-enforcement of final domestic judgments in favour of the applicants, due to the debtor-companies' lack of funds and statutory restrictions, constitutes a violation of Article 1 of Protocol No. 1 to the Convention.

Source-derived case information.

Citation
[2007] ECHR 803
Parties
Applicant: Mikhail Ivanovich Derevyanko; Applicant: Leontiy Adamovich Beletskiy; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
11 October 2007
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Admissibility
Outcome
Applications joined and declared admissible; violation of Article 1 of Protocol No. 1 found; just satisfaction awarded.
Legal Topics
Enforcement of Judgments, Right to Peaceful Enjoyment of Possessions, Delay in Enforcement, State Liability
Human Rights Law Administrative Law Enforcement of Judgments Right to Peaceful Enjoyment of Possessions Delay in Enforcement State Liability

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Parties

Mikhail Ivanovich Derevyanko

Applicant

Leontiy Adamovich Beletskiy

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Admissibility

Legal Issues

  1. 1 Whether the State's failure to enforce final judgments in favour of the applicants within a reasonable time constitutes a violation of Article 1 of Protocol No. 1 to the Convention

Ratio Decidendi

The prolonged non-enforcement of final domestic judgments in favour of the applicants, due to the debtor-companies' lack of funds and statutory restrictions, constitutes a violation of Article 1 of Protocol No. 1 to the Convention.

Court Disposition

Applications joined and declared admissible; violation of Article 1 of Protocol No. 1 found; just satisfaction awarded.

Orders

  • Respondent State to pay the outstanding debt under the judgment of 23 August 2002 to Mr Leontiy Beletskiy within three months.
  • Respondent State to pay Mr Mikhail Derevyanko EUR 1,300 in respect of non-pecuniary damage.