Council of Europe: European Court of Human Rights
The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country. Website: www.echr.coe.int/Pages/home.aspx?p=home
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Lyudmyla Mykolayivna KANDYBA and Others against Ukraine
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 |
