Yesterday the European court for human rights pronounced judgments on three cases versus Ukraine unanimously recognizing violation by the country the right for fair trial, the right for free managing one’s property and the absence of efficient national means of protection these rights in Ukraine. Also in one case violation of the right for fair trial because of unreasonable term of trial was recognized.      

In these cases Ukrainians Viktor Demchenko (Donetsk), Valeriy Vasylenkov (Novohrodovka), Serhiy Hryshchenko, Volodymyr Kayurov, Anatoliy Zavhorodiansky, Maryna Tomayly, Olha Lopatina (all from Zhovti Vody) complained that during 1999-2001 court decisions were made in their favor, which came to force. By these decisions they were to be paid different payments, however, the decisions were never fulfilled.

The European court for human rights indicated in each decision that unfulfillment of court decisions during more than 2-3 years makes the existence of the right for fair trial senseless (clause 6 of the European convention on human rights and fundamental freedoms). At this the government didn’t provide arguments which could justify such duration of unfulfillment of decisions. And since during all this time the claimants couldn’t use their legal property (their money), in two cases the court also recognized violation by the state the right for property of these persons.

The European court for human rights assigned for Ukraine to pay out to the claimants the total sum of 10 thousand 800 euros (2040-2400 euros to each).

In another case by the claim of Mykola Strannikov from Kyiv the European court for human rights also recognized violation by Ukraine the right for fair trial, but for another reason.

As long ago as 1995 he brought an action regarding acknowledging him the founder of the private enterprise (Kyiv timber plant) and paying him out compensation from this plant. This case was investigated 8 years and 8 months in courts of 4 levels and was never solved. The European court unanimously recognized this term ‘unreasonable’ in the context of duration of its consideration. He was awarded compensation of 2 thousand euro for the caused damage.   

Decisions on these cases will become final unless the government appeals them during some period of time. Though on such cases it happens extremely seldom.

Volodymyr Yavorsky

RUPOR