CASE OF SAPITASH AND OTHERS AGAINST UKRAINE AND 1 OTHER CASE

2025-12-10T00:00:00
Resolution CM/ResDH(2025)481 Execution of the judgments of the European Court of Human Rights Two cases against Ukraine   (Adopted by the Committee of Ministers on 10 December 2025 at the 1546th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 864/16 SAPITASH AND OTHERS 12/12/2024 12/12/2024 83711/17 SHPITALNIK AND ARTYUKH 30/04/2025 30/04/2025   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);   Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established;   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and -          of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Having examined the action reports provided by the government, indicating the measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2025)971 and DH-DD(2025)1040);   Recalling that the question of general measures required in response to a similar violation, established on account of the use of confiscation as a sanction for the evasion of payment of customs duties and the failure to declare cash when crossing the border which imposed an excessive burden on the applicant, was examined in the framework of the Myakotin case, closed by Final Resolution CM/ResDH(2022)436;   Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and   DECIDES to close the examination thereof.