VASILYEV AND OTHERS v. UKRAINE - 29266/08 - Committee Judgment [2014] ECHR 148 (13 February 2014)

VASILYEV AND OTHERS v. UKRAINE - 29266/08 - Committee Judgment [2014] ECHR 148 (13 February 2014)

The State's failure to enforce final domestic decisions in the applicants' favour within a reasonable time, and the lack of effective remedies for such non-enforcement, violated Article 6 § 1, Article 13, and Article 1 of Protocol No. 1 of the Convention.

Source-derived case information.

Citation
[2014] ECHR 148
Parties
Applicants: Aleksandr Nikolayevich Vasilyev and others; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
13 February 2014
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Applications in Appendix 1: admissible and allowed; Applications in Appendix 2: inadmissible and rejected.
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

Aleksandr Nikolayevich Vasilyev and others

Applicants

Ukraine

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

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

Ratio Decidendi

The State's failure to enforce final domestic decisions in the applicants' favour within a reasonable time, and the lack of effective remedies for such non-enforcement, violated Article 6 § 1, Article 13, and Article 1 of Protocol No. 1 of the Convention.

Court Disposition

Applications in Appendix 1: admissible and allowed; Applications in Appendix 2: inadmissible and rejected.

Orders

  • Within three months, the respondent State must enforce the domestic decisions in the applicants’ favour which remain enforceable.
  • Within three months, the respondent State must pay EUR 2,000 to each applicant or their estate in Appendix 1 for pecuniary and non-pecuniary damage, and costs and expenses, plus any tax chargeable, converted at the rate applicable at the date of settlement.