Certain aspects of the application of individual and general measures in the execution of ECtHR judgments against Ukraine in family cases

Abstract

The article examines separate aspects of taking measures of an individual and general nature in the implementation of decisions of the European Court of Human Rights against Ukraine in family matters. Attention is paid to some features of the implementation of such decisions, in particular: the presence of the final decision of the Court as the status of an executive document; the introduction of a special procedure for the execution of the decision of the ECHR: application for execution by the state in the person of the representative body, payment of compensation to the debtor, adoption of additional measures of an individual and general nature, the obligation of the state to execute the decision of the Court in favor of the person (claimant) at the expense of the state budget; the existence of administrative, civil or criminal liability for non-implementation or improper implementation of the ECtHR decision; application of the supervisory mechanism of the Committee of Ministers of the Council of Europe in case of failure to comply with the Court's decision. The Court's decision is subject to enforcement if it has the status of final in accordance with Part 2 of Art. 44 of the Convention on the Protection of Human Rights and Fundamental Freedoms. The process of execution of the Court's decision, according to Art. 1 of the Law, provides for the taking of two types of measures: individual - payment to the debt collector of compensation for damage caused by the violation of the right guaranteed by the Convention, as well as restoration of the violated right, if possible (additional measures of an individual nature); of a general nature, aimed at eliminating violations of the Convention established by the Court's decision and deficiencies of a systemic nature.
 The components of individual and general measures as the main mechanisms and the expediency of their adoption in the procedure for the execution of decisions of the European Court of Human Rights are analyzed. Fair satisfaction is singled out as a payment to the claimant of compensation, which includes material and moral damage and other monetary expenses. The legal grounds for taking general measures are given, the essence of which is to solve the systemic problem and its root causes, which led to the violation of the applicant's rights, and were recognized by the ECtHR as contrary to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. The research was carried out taking into account the decisions of the European Court of Human Rights and the Grand Chamber of the Supreme Court, which confirm the expediency and effectiveness of adopting measures of an individual nature.