CASE OF GENERALNYY BUDIVELNYY MENEDZHMENT AGAINST UKRAINE AND 1 OTHER CASE

Resolution CM/ResDH(2026)11 Execution of the judgments of the European Court of Human Rights Two cases against Ukraine   (Adopted by the Committee of Ministers on 4 February 2026 at the 1549th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 11925/09 GENERALNYY BUDIVELNYY MENEDZHMENT 22/09/2022 22/09/2022 48433/15 POZHARSKA 15/05/2025 15/05/2025   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 on account of the infringement of the principle of legal certainty in court proceedings resulting from the unjustified extension of the time-limits for appeal without valid reasons (violation of Article 6);   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 plan and the action report provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see the documents DH-DD(2024)586 and DH-DD(2025)1390);   Considering that the question of individual measures was resolved, given that the applicant’s request in the case Generalnyy Budivelnyy Menedzhment for review of the impugned proceedings was rejected by the Supreme Court as time-barred on 14 December 2022, and the applicant did not avail itself of the opportunity to request reopening of the proceedings in accordance with the law no. 4283‑IX of 11 March 2025; that the applicant in the case Pozharska did not request reopening of the impugned proceedings;   Recalling that the question of general measures required in response to a similar violation, established on account of the infringement of the principle of legal certainty in court proceedings resulting from the unjustified extension of the time-limits for appeal without valid reasons, was examined in the framework of the Ponomaryov case closed by Final Resolution CM/ResDH(2021)254;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to close the examination of these cases.