Ukraine

December 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

European Court of Human Rights (ECtHR) issued its decision in the Kandyba and Others against Ukraine case regarding payment of pensions to residents of non-governmental controlled areas (NGCA) of the Donetsk and Luhansk oblasts. In their application to national courts, several pensioners requested cancelation of some provisions of Governmental Resolution #595 of 7 November 2014. This Resolution suspended the payment of pensions in the non-controlled territory. The applicants’ request was satisfied in 2016. Pensioners considered that with cancelation of the contradictory provisions in the governmental resolution, their pensions will be reinstated automatically. However, this did not take place and applicants decided to apply to the ECtHR. The Court dismissed the claim stating that applicants should have applied to a different respondent (the Pension Fund of Ukraine) and specifically asked to reinstate the suspended pensions. The ECtHR mentioned that there are upcoming judgements in cases where they will consider whether or not there is an obligation of the state to pay pensions to people living in NGCA.

19 November 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Ukrainians | Countries: Ukraine

November 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

October 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

September 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

24 July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

June 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

April 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

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 | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Rule of law / Due process / Procedural fairness - Ukrainians | Countries: Ukraine

March 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports