YAVOROVENKO AND OTHERS v. UKRAINE - 25663/02 - Committee Judgment [2014] ECHR 796 (17 July 2014)

YAVOROVENKO AND OTHERS v. UKRAINE - 25663/02 - Committee Judgment [2014] ECHR 796 (17 July 2014)

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

Citation
[2014] ECHR 796
Parties
Applicants: Mykola Mykhaylovych Yavorovenko and others (see Appendix); Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
17 July 2014
Procedural Posture
Applications Under Article 34 of the European Convention on Human Rights / Judgment After Joinder of Multiple Applications
Outcome
Applications joined; violations found; just satisfaction awarded; partial strike-out for deceased applicant with no successor; inadmissibility for one applicant.
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

Mykola Mykhaylovych Yavorovenko and others (see Appendix)

Applicants

Ukraine

Respondent

Procedural Posture

Applications Under Article 34 of the European Convention on Human Rights / Judgment After Joinder of Multiple Applications

Legal Issues

  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 the applicants had an effective domestic remedy as required by Article 13 of the Convention

Ratio Decidendi

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

Court Disposition

Applications joined; violations found; just satisfaction awarded; partial strike-out for deceased applicant with no successor; inadmissibility for one applicant.

Orders

  • Within three months, the respondent State must enforce the domestic decisions in the applicants’ favour which remain enforceable.
  • The respondent State must pay EUR 2,000 to each applicant (or their estate) listed in the Appendix (except Ms Klavdiya Mykolayivna Galayda and, in application no. 18330/05, only to the first applicant) in respect of pecuniary and non-pecuniary damage, and costs and expenses, plus any tax chargeable, converted at the...