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“Meždunarodnoe pravosudie” (International Justice) Journal

№4 (24) 2017

European Court of Human Rights: review of judgment (Grand Chamber) in the case of Burmych and Others v. Ukraine

DOI: 10.21128/2226-2059-2017-4-39-50

Abstract. The Grand Chamber judgment of the European Court of Human Rights (ECtHR) in the case of Burmych and Others v. Ukraine concerns continuous failure of Ukraine to adopt general remedial measures at the national level to deal with numerous repetitive applications to the ECtHR on the subject of non-enforcement or delayed enforcement of domestic judicial decisions, as required the ECtHR in its “pilot” judgment Yuriy Nikolayevich Ivanov v. Ukraine adopted in 2009. In the situation where the Court’s previous approach of examining thousands of those repetitive cases in an accelerated, summary procedure had no impact on the overall number of such applications, which continued to grow, the Grand Chamber considered that it was no longer justified to continue examination of Ivanov-type applications as the legal issue had already been resolved in the pilot judgment and the Court had thereby discharged its main function. Instead, it has fallen on the Committee of Ministers to deal with such pending (five applications in the present case and 12143 similar applications) and future cases in the process of execution of the pilot judgment.

Citation: (2017) Evropeyskiy Sud po pravam cheloveka: obzor postanovleniya Bol'­shoy Palaty po delu Burmich (Burmych) i drugie protiv Ukrainy [European Court of Human Rights: review of judgment (Grand Chamber) in the case of Burmych and Others v. Ukraine]. Mezhdunarodnoe pravosudie, no.4, pp.39–50. (In Russian).

 
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