Publication

Citizens die, but win in the European Court

The family of Balunkos (Oleksandr and Rayisa) residing in Torez, Donetsk region, complained for Ukraine to the European court for human rights because of non-fulfilment of a decision of a Ukrainian court by which they were to be paid debt salary and social payments. 

Since the Ukrainian government gave no considerable explanations regarding the reason of non-fulfillment of decisions, the European court on June 21 unanimously recognized Ukraine’s violation of the right for fair trial in both cases. Since the right for fair trial in the in the sense of clause 6 of the European convention on human rights and fundamental freedoms becomes senseless when court’s decision is not fulfilled.   

The court also pointed out that the lack of money at state enterprises for paying salaries cannot be a reason for non-fulfillment of decisions of Ukrainian courts, since the state is responsible for such enterprises.

Also regarding Oleksandr Balunko the European Court unanimously recognized violation of the right for peaceful possessing his property because of not getting his payments.

Thus, the European Court decided to pay compensation in the amount of 1000 euros to each.

Unfortunately, one of the claimants died before the moment of justice. The claimants were of declining years (born in 1931 and 1935 respectively) and Oleksandr Balushko died in June 2003. What is the fault of pensioners before the state that robs them in old age?

Volodymyr Yavorsky

RUPOR

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