Bringing Human Rights Home: The Challenge of Enforcing Judicial Rulings in Ukraine and Russia

Abstract

The problem of systemic non-enforcement of judicial decisions, the Ukrainian government’s failure to respond to a pilot judgment, and Russia’s legislative reform offer important case studies for both rule of law development in the post-Soviet sphere and the efficacy of the European human rights system. This article looks at systemic non-enforcement both as a domestic and international challenge. It first examines Ukraine’s history with the European Court of Human Rights and the response to the Ivanov v. Ukraine pilot judgment. It unpacks the factors that are responsible for persistent non-enforcement and for preventing domestic reform. It then turns to Russia, and explores the European Court of Human Rights’ pilot judgment in the case Burdov v. Russia (no. 2), the Russian response, and implementation of the subsequent reforms. Lastly, the article examines the significance and implications of these cases for the European human rights regime. * Ph. D, Dean and Professor, School of Law National University of Kyiv-Mohyla Academy. ** Fulbright Research Fellow, School of Law National University of Kyiv-Mohyla Academy. † The authors and the Indiana International & Comparative Law Review would especially like to thank Viktoriia Serediuk-Buz for her editing assistance. This Article was completed and submitted to the The Indiana International & Comparative Law Review prior to the beginning of the Maidan protests in late 2013 and the end of the Yanukovych presidency in February 2014. Although the ongoing events in Ukraine have significantly changed the political landscape, this Article offers insight into the systemic problems facing the Ukrainian judiciary and some of the interest groups and governance issues, including budgetary shortfalls that have stymied reform in the past. Effective judicial reform remains a major challenge and priority for the current government, which must address the issues discussed within this Article in seeking to meet the international standards for effective and impartial judicial redress. On numerous occasions newly-elected President Petro Poroshenko has confirmed that Ukraine has chosen the European vector for its political and economic development. Adherence to the principles of the rule of law including strict execution of both international and domestic court decisions would signify an important step towards European values and standards. 1. Ivanov v. Ukraine, 2009 Eur. Ct. H.R. 767, archived at http://perma.cc/Q8HM-