KHVOROSTYANOY AND OTHERS v. UKRAINE - 54552/09 - Committee Judgment [2013] ECHR 753 (25 July 2013)

KHVOROSTYANOY AND OTHERS v. UKRAINE - 54552/09 - Committee Judgment [2013] ECHR 753 (25 July 2013)

The State authorities' failure to enforce final domestic judgments in favour of the applicants within a reasonable time constitutes a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. The absence of effective domestic remedies for such non-enforcement constitutes a violation of Article 13...

Source-derived case information.

Citation
[2013] ECHR 753
Parties
Applicants: Vadym Pavlovych Khvorostyanoy and Others; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
25 July 2013
Procedural Posture
Human Rights Applications Under Article 34 of the European Convention on Human Rights / Judgment on Admissibility and Merits
Outcome
Partly admissible and allowed; partly inadmissible and rejected
Legal Topics
Non Enforcement of Domestic Judgments, Right to a Fair Trial, Right to an Effective Remedy, Protection of Property
Human Rights Law Civil Procedure Non Enforcement of Domestic Judgments Right to a Fair Trial Right to an Effective Remedy Protection of Property

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Parties

Vadym Pavlovych Khvorostyanoy and Others

Applicants

Ukraine

Respondent

Procedural Posture

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

  1. 1 Whether the prolonged non-enforcement of domestic judgments in favour of the applicants violated Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
  2. 2 Whether there was a lack of effective domestic remedies in violation of Article 13 of the Convention

Ratio Decidendi

The State authorities' failure to enforce final domestic judgments in favour of the applicants within a reasonable time constitutes a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. The absence of effective domestic remedies for such non-enforcement constitutes a violation of Article 13 of the Convention.

Court Disposition

Partly admissible and allowed; partly inadmissible and rejected

Orders

  • Joined applications in Appendix 1 and declared them admissible under Article 6 § 1, Article 13, and Article 1 of Protocol No. 1; remainder declared inadmissible.
  • Held violations of Article 6 § 1 and Article 1 of Protocol No. 1, and Article 13 for applicants in Appendix 1.