Yesterday the European court for human rights made public 43^rd decision against Ukraine, where it again recognized violation by the state of the right for fair trial and the right for peaceful possessing one’s property because of long non-fulfillment of court’s decision. In this case an employer couldn’t get his salary for almost 7 years.

Petro Fuklev worked at JSC “Iskra” in Berdiansk in December 1, 1996 – November 24, 1997 and left the job at his own wish. But he was never paid his debt salary.

In January 1998 Fuklev brought an action to court regarding paying the debt to him. And on February 24, 1998 the Berdiansk town court satisfied his requirements and decided to pay him 2080.38 hryvnias (at that time 449.07 euros).

But the court’s decision wasn’t fulfilled. Then, in 2001 he appealed the European court for human rights regarding non-fulfillment of the mentioned court’s decision what violated his right for fair trial (clause 6, point 1 of the European convention on human rights and fundamental freedoms), violation of the right for efficient protection of violated right (clause 13 of the Convention) and the right for peaceful possessing one’s property, particularly, salary (clause 1, Protocol 1 of the Convention).

The European court determined that non-fulfillment of obligations by debtor for more than four years and non-efficiency of the state’s control over fulfillment of this decision is sufficient for recognizing violation of clause 6 of the Convention.

The European court also recognized violation of the right for efficient national means of protection of violated right as it is required by clause 13 of the Convention, including appropriate compensation for delay in fulfillment of court’s decision.

The court also mentioned that the way the court’s decision was fulfilled, the duration of this fulfillment and indefiniteness Fuklev felt all this time violate a fair balance that is to be introduced between public interest and need in protection of the human right for peaceful possessing one’s property. Thus, the Court decided that in this case there was a violation of clause 1, Protocol No 1 to the European Convention. 

The European court decided to pay compensation to Fuklev in the amount of 1500 euros.

On the whole, the European court made over 20 decisions against Ukraine connected with non-fulfillment of decisions of Ukrainian courts.

Volodymyr Yavorsky

RUPOR