SEMYANISTY AND OTHERS v. UKRAINE - 7070/04 - Committee Judgment [2014] ECHR 25 (09 January 2014)

SEMYANISTY AND OTHERS v. UKRAINE - 7070/04 - Committee Judgment [2014] ECHR 25 (09 January 2014)

The State failed to enforce domestic court decisions in favour of the applicants in due time, violating Article 6 § 1 and Article 1 of Protocol No. 1; applicants lacked effective domestic remedies, violating Article 13.

Citation
[2014] ECHR 25
Parties
Applicants: Semyanisty and Others; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
09 January 2014
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Final Judgment
Outcome
application partly struck out, remaining complaints upheld
Legal Topics
Non Enforcement of Judgments, Effective Remedies, Transferability of Property Rights, Just Satisfaction

Case Brief

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Parties

Semyanisty and Others

Applicants

Ukraine

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Final Judgment

  1. 1 lengthy non-enforcement of domestic court decisions
  2. 2 lack of effective domestic remedies
  3. 3 transferability of property rights to heirs

Ratio Decidendi

The State failed to enforce domestic court decisions in favour of the applicants in due time, violating Article 6 § 1 and Article 1 of Protocol No. 1; applicants lacked effective domestic remedies, violating Article 13.

Court Disposition

application partly struck out, remaining complaints upheld

Orders

  • Application struck out for deceased applicants with no heirs wishing to pursue.
  • Complaints of remaining applicants declared admissible.