SHCHUKIN AND OTHERS v. UKRAINE - 59834/09 - Committee Judgment [2014] ECHR 147 (13 February 2014)

SHCHUKIN AND OTHERS v. UKRAINE - 59834/09 - Committee Judgment [2014] ECHR 147 (13 February 2014)

The State authorities were responsible for the prolonged non-enforcement of final domestic judgments in favour of the applicants, and there was no effective domestic remedy for such non-enforcement, resulting in violations of Article 6 § 1, Article 13, and Article 1 of Protocol No. 1 of the Convention.

Citation
[2014] ECHR 147
Parties
Applicants: Oleksandr Borysovych Shchukin and others; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
13 February 2014
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Partly allowed, partly inadmissible, partly struck out
Legal Topics
Non Enforcement of Domestic Judgments, Right to a Fair Trial, Right to Property, Effective Remedy
Human Rights Law Civil Procedure Non Enforcement of Domestic Judgments Right to a Fair Trial Right to Property Effective Remedy

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Parties

Oleksandr Borysovych Shchukin and others

Applicants

Ukraine

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the prolonged non-enforcement of final 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 were responsible for the prolonged non-enforcement of final domestic judgments in favour of the applicants, and there was no effective domestic remedy for such non-enforcement, resulting in violations of Article 6 § 1, Article 13, and Article 1 of Protocol No. 1 of the Convention.

Court Disposition

Partly allowed, partly inadmissible, partly struck out

Orders

  • Applications in Appendix 1 joined and declared admissible under Article 6 § 1, Article 13, and Article 1 of Protocol No. 1; violations found.
  • Respondent State to enforce outstanding domestic decisions and pay EUR 2,000 to each applicant or their estate in Appendix 1 within three months, covering pecuniary and non-pecuniary damage, costs, and expenses.