In this article is indicated which documents and where it must be submitted to get the compensation awarded by the European Court of Human Rights (ECHR).
The Ministry of Justice of Ukraine performs the execution of ECHR resolutions, namely the Government Agent before the European Court of Human Rights and its Secretariat. It is regulated by the Resolution of the Cabinet of Ministers of Ukraine № 784 of May 31, 2006.
Once the Judgment becomes final, the secretariat of the ECHR sends it to the applicant and the State Executive Service.
The State Executive Service shall start the enforcement proceedings within 10 days.
Within one month from the date of the enforcement proceedings beginning, the Government Agent shall transmit to the State Treasury Service a resolution about starting the enforcement proceedings with the original text and translation of the Decision.
Within ten days of receiving specified documents, the State Treasury Service shall transfer funds to the indicated plaintiff’s bank account, and in case of its absence – to the deposit account of the State Executive Service.
Payment of the compensation shall be made within three months from the moment when Judgment has become final, or within the period specified in the Judgment. In case of failure to meet the time limit, the penalty will be charged on amount of compensation.
For timely implementation of the ECHR decision, the plaintiff must submit to the State Executive Service:
1. The Statement on the start of enforcement proceedings with indication the surname, name and patronymic, identification number, name and address of the bank, bank account number, MFO code of the bank in which the account is opened.
2. The Certificate from the bank in which the plaintiff’s account is opened, that necessarily must contain the full name of the bank with the number of branch or office, the location of the bank, MFO code of the bank, number of the bank’s transit account (if any), number of plaintiff’s personal (card) or current account, bank’s USREOU code.
3. The copy of all passport pages.
In case of plaintiff’s death, the notarized copies of documents, confirming the right of inheritance, should be given together with the above documents.
For legal entities:
1. The Statement on official letterhead sealed and signed by its director; in the application shall be indicated the full name of the claimant, the full name of the plaintiff’s bank with the number of branch or office, the location of the claimant’s bank, plaintiff’s bank MFO code, claimant’s bank USREOU code, plaintiff’s USREOU code.
2. If the application of judgment enforcement submits the claimant’s representative, then together with the documents which are necessary for the transfer of funds, should be provided the original power of attorney.
According to law, the omission of such a statement is not an obstacle to the implementation of the decision, but it can lead to delays in its execution, that will not become a reason for imposing a fine. In case of failure to submit such an application, the amount of just satisfaction will be transferred to the deposit account of the State Executive Service, as well as in the case of death (elimination) of claimant or inability to locate the applicant. In accordance with Part 2 of the Article 9, the funds can be transferred to the plaintiff’s account or its legal successor’s account on the basis of the appropriate execution of documents.
In case of failure to meet the deadline of ECHR Judgment implementation, the State Executive Service reports the reason of such a delay to the Secretariat.
The start of enforcement proceedings (the State Executive Service) – within 10 days after receiving the ECHR Judgment
Shipping the regulations on the enforcement proceedings and decisions of the ECHR to the State Treasury (Government Agent before the European Court of Human Rights) – within 1 month after the start of enforcement proceedings
Upon receipt of mentioned documents – placing of funds to an account of claimant (the State Executive Service) – within 10 days
The payment of compensation should be on the due date – 3 months, or at term, specified in the decision
In case of missing the deadline the penalty will be charged on amount of compensation