The European court: Ukraine doesn’t carry out decisions of its own courts

Today the European court for human rights again recognized violation by Ukraine the right of a person for just trial and right of property according to the cases regarding nonfulfillment of decisions of national courts concerning the return of salaries owed to them.

In the case Katsiuk versus Ukraine (claim No 58928/00), the court recognized violation of the mentioned rights and awarded the claimant 3 thousand euro for damages and 427 euro as the compensation of the case expenses, for nonfulfillment of the decision of the Ukrainian court. In this case an enterprise with the state part of property owed a salary to an employee, but because of the moratorium for bankruptcy of such enterprises it is just impossible to fulfill such a decision. In other words, the situation is frozen for an indefinite period of time. RUPOR already wrote about this problem earlier.

In another case Varanitsa versus Ukraine (claim No 14397/02) the court also recognized violation of the right for just trial and right of property because of substantial delay in fulfillment of the court decision (3 years and 8 months) regarding the same enterprise-bankrupt with the state part of property. The European court awarded the claimant 761 euro for damages.

Volodymyr Yavorsky,


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