of February 23, 2006 No. 3477-IV
About execution of decisions and application of practice of the European Court of Human Rights
This Law governs the relations arising in connection with obligation of the state to perform decisions of the European Court of Human Rights on cases against Ukraine; with need of elimination of causes of infringement by Ukraine Conventions on human rights protection and basic freedoms and protocols to it; with implementation in the Ukrainian legal proceedings and administrative practice of the European standards of human rights; with creation of premises for reduction of number of statements in the European Court of Human Rights against Ukraine.
1. In this Law terms are used in the following value:
Convention - The convention on human rights protection and basic freedoms of 1950 and protocols to it which consent to be bound is this the Verkhovna Rada of Ukraine;
Court - the European Court of Human Rights;
The commission - the European Commission on Human Rights;
practice of Court - the practician of the European Court of Human Rights and the European Commission on Human Rights;
The decision - and) the final decision of the European Court of Human Rights on case against Ukraine as which violation of the Convention on human rights protection and basic freedoms is recognized; b) the final decision of the European Court of Human Rights on fair satisfaction on case against Ukraine; c) the decision of the European Court of Human Rights on friendly settlement on case against Ukraine; d) the decision of the European Court of Human Rights on approval of conditions of the unilateral declaration on case against Ukraine;
The claimant - and) person according to whose statement the European Court of Human Rights decides the Decision; b) his representative, legal successor; c) person (group of persons) for the benefit of whom the decision of the European Court of Human Rights determines obligation of Ukraine by interstate case;
compensation - and) the amount of fair satisfaction determined by the decision of the European Court of Human Rights according to article 41 of the Convention on human rights protection and fundamental freedoms; b) the amount of money payment determined in the decision of the European Court of Human Rights of rather friendly settlement or in the decision of the European Court of Human Rights on approval of conditions of the unilateral declaration for the benefit of the Claimant;
b) the amount of money payment determined in the decision of the European Court of Human Rights of rather friendly settlement for benefit of the Claimant;
execution of the Decision - and) payment to the Claimant of compensation and coordination of acceptance of additional measures of individual nature; b) taking measures of general nature;
Body of representation - the body responsible for providing representation of Ukraine in the European Court of Human Rights and execution of its decisions;
the original text - the official text executed in official language of the Council of Europe: a) Conventions on human rights protection and basic freedoms of 1950 and protocols to it; b) decisions and determinations of the European Court of Human Rights; c) determinations of the European Commission on Human Rights.
1. The decision is obligatory for execution by Ukraine according to article 46 of the Convention.
2. The procedure for execution of the Decision is determined by this Law, the Law of Ukraine "About enforcement proceeding", other regulatory legal acts taking into account the features provided by this Law.
1. Execution of the Decision is performed at the expense of the Government budget of Ukraine.
1. Within ten days from the date of receipt of the notification on acquisition by the Solution of the status final the body of representation prepares and Uryadovy of hens' єр" directs for publication in the newspaper " the Decision summary in Ukrainian (daleekratky statement of the Decision) which shall include:
a) the official name of the Decision in original language and in transfer into Ukrainian;
b) number of the petition;
c) date of the resolution of the Decision;
d) summary of the facts on case;
e) summary of points of law;
e) transfer of substantive provisions of the Decision.
2. Specified publishes the Decision summary within seven days from the date of its obtaining in part one of this Article of the edition.
1. Within ten days from the date of receipt of the message on acquisition by the Solution of the status final the Body of representation sends the compressed Decision statement to the Claimant, the Representative of the Verkhovna Rada of Ukraine for the human rights, all state bodies, officials and other subjects directly involved in case on which the Decision is decided.
1. For the purpose of accomplishment of measures of general nature the state provides transfer and publication of complete texts of Decisions in Ukrainian with the legal edition specialized concerning practice of Court having distribution in the professional circle of pravovik.
2. Authenticity of transfer of complete texts of Decisions makes sure Body of representation.
3. Determination of the edition which will make transfer and publication of complete texts of Decisions, and also the order of necessary number of copies of the edition for the purpose of providing courts, bodies of prosecutor's office, justice, internal affairs, security services, organizations of execution of punishments other interested subjects are carried out on competitive basis by Body of representation.
4. Providing judges with the published transfer of complete texts of Decisions is assigned to the state body responsible for organizational material security of courts.
a) sends to the Claimant the notification with explanation of its right to submit to the public executive service the application for payment of compensation in which bank account details for money transfer shall be specified;
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