A number of complaints against Ukraine at the ECtHR testify the ineffective work of state bodies - Vitalii Vlasiuk
A large number of complaints against Ukraine at the European Court of Human Rights testify the inefficient work of domestic state bodies.
This was emphasized by the Head of the UNBA Committee for International Law Vitalii Vlasiuk, commenting on the published report on the activities of the ECtHR in 2019.
Thus, according to the ECtHR, Ukraine is in the top three by number of complaints against the country. There are Turkey and Russia leading in the number of complaints filed to the European Court of Human Rights. 8 833 complaints were filed against Ukraine.
“It is connected both with the quality of the law and with the practice in the activity of the state authorities, especially - the courts and law enforcement agencies. That is, such a large number of complaints against Ukraine shall mean inefficient work of domestic state bodies. On the other hand, in obtaining ECtHR decisions, Ukraine is trying to implement them, unlike, for example, Russia. We do not hide behind "contradictions to something national", but we listen, pay the reparations, etc.", - said Vitalii Vlasiuk.
Moreover, some ECtHR decisions have prompted Ukraine to change its national legislation and improve the activities of state bodies, noted the Committee Head.
“To implement the decision is not only to pay the applicant money. It is also about amending the legislation, as well as trying to change the so-called administrative practice - the rules of functioning of state bodies. Unfortunately, sometimes the state digs a hole for itself, as in the case of Yurii Ivanov v. Ukraine, when the overtly populist policy of the government violated the Pensioners' Conventional Guarantees. The government's decision allowed to save a small amount of money tactically, but strategically resulted in thousands of complaints, each of which the ECtHR was not only obliged to remit to the complainant's pension, but also to pay him compensation in the amount of 2-3 thousand euros”, - said Vitalii Vlasiuk.
In general, the ECtHR has a positive impact on respect for human rights in Ukraine and is a real mechanism for protecting citizens in many cases. This statement is potentially true for investors, even with some caveats, summed up Vitalii Vlasiuk.
According to ECHR reports, 109 decisions have been taken against Ukraine in 2019. Most decisions concern violations of the right to liberty and security (54), inhumane or degrading treatment (40) and the right to effective protection (38). The Russian Federation is the leader in the same violations, which is in first place in the total number of decisions against it. In second place is Turkey, against which 113 decisions were taken last year. Thus, the top three countries by number of decisions are the same as the number of complaints filed.
Official statistics show that there are no appeals to the ECtHR against a number of European countries, such as the Czech Republic or Sweden. Against Poland, which has approximately the same population size as Ukraine, 12 decisions were taken in 2019.
In total, 1413 decisions have been taken against Ukraine since 1959. Of these, 572 relate to the right to a fair trial, 429 to the length of proceedings, 379 to the right to liberty and security and 358 to the protection of property.
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