Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 10/15/2009

Subject: First pilot judgement on the non-execution of final national justice decisions in Ukraine: the Court has considered that the case concerns recurring problems of non-execution of final decisions and the lack of any internal remedy; that already about 300 cases of violation of the Convention by Ukraine have been found since 2004 until today and that the State hasn’t found a solution to this issue; in consideration of the fact that 1400 applications are pending against Ukraine for the same reason, the Court has concluded that in the Country there exists a practice with the Convention, and has invited the State to take the measures suggested in the decision

Parties: Yuriy Nikolayevich Ivanov c/ Ucraina

Classification: Justice - Art. 47 Justice: effective - General provisions - Art. 51 Scope - Principle of subsidiarity - Art. 52 Scope of guaranteed rights - Respect the essence of rights - Principle of proportionality - Correspondence to rights guaranteed by the european convention for the protection of human rights and fundamental freedoms - Art. 53 Level of protection