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The Supreme Court Resolution of 25 March 2020

In January 2015, the applicant’s house was destroyed by ordnances. A commission examined the level of destruction and recognized it as inevitable. The applicant referred to the court claiming a compensation according to the Civil Protection Code, the Law on combatting terrorism and the Protocol 1 to the European Convention on Human Rights (ECHR). The requested amount of compensation was 1 156 356,50 UAH. The applicant’s claim was rejected in the lower instance courts. The applicant appealed the decisions of the lower-instance courts and reached the Supreme Court. The latter decided that the applicant is entitled to compensation due to the state’s failure to elaborate the relevant compensation mechanism as a protection measure of the property right. Ukraine is now obliged to compensate for the damaged housing under Protocol 1 to the ECHR. There is no clear mechanism on the payment of compensations though. Therefore, the Court assigned 100,000 UAH of compensation from the State Budget of Ukraine, which is much lower than an applicant requested. However, the decision is final and cannot be disputed in Ukraine.

25 March 2020 | Judicial Body: Ukraine: Supreme Court | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Rule of law / Due process / Procedural fairness - Ukrainians | Countries: Ukraine

Case No. 428/6579/17

30 January 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) - Rule of law / Due process / Procedural fairness | Countries: Ukraine

Case category No. 428/6579/17

Administrative cases; Cases on disputes over the implementation of public policies in the areas of labour, employment and social protection of citizens and disputes in the area of public housing policy, namely, disputes regarding: management, supervision and other administrative functions (assignment, recalculation and implementation of insurance benefits) in the area of the corresponding types of obligatory state social insurance, including: obligatory state pension insurance, including pension insurance for persons dismissed from the public service (military service)

30 January 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) - Rule of law / Due process / Procedural fairness | Countries: Ukraine

Shchukin and Others v. Cyprus

29 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Immigration law - Rule of law / Due process / Procedural fairness | Countries: Cyprus

Medvedyev and Others v. France

29 March 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Chile - France - Greece - Romania - Ukraine

Medvedyev et autres c. France

29 March 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Prison or detention conditions - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: France - Greece - Romania

Baysakov and Others v. Ukraine

This judgment became final on 18 May 2010.

18 February 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Effective remedy - Extradition - Freedom from torture, inhuman and degrading treatment - Opposition - Rule of law / Due process / Procedural fairness | Countries: Kazakhstan - Ukraine

Vasiliy Ostapovich Romanishyn v. Attorney General

On Petition for Review of an Order of Removal of the Board of Immigration Appeals, U.S. Department of Justice, Executive Office for Immigration Review (BIA No. A71-346-048). Argued: Monday, May 15, 2006.

20 July 2006 | Judicial Body: United States Court of Appeals for the Third Circuit | Topic(s): Criminal justice - Deportation / Forcible return - Non-refoulement - Religious persecution (including forced conversion) - Rule of law / Due process / Procedural fairness - Witnesses | Countries: Ukraine - United States of America

Nazarova v. Immigration and Naturalization Service

Petition for Review of an Order of the Board of Immigration Appeals. Argued: April 2, 1998 Decided: March 19, 1999

19 March 1999 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Topic(s): Deportation / Forcible return - Rule of law / Due process / Procedural fairness | Countries: Ukraine - United States of America

Ukrainian-American Bar Association et al. v. James A. Baker III, Secretary of State, et al.

The Court of Appeal reversed the District Court decision in 695 F. Supp. 33.

26 January 1990 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Topic(s): Criminal justice - Legal representation / Legal aid - Political asylum - Rule of law / Due process / Procedural fairness | Countries: United States of America

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