In the Case of Dubetska and others v. Ukraine the ECHR has found a violation of Article 8 and thus obliged the Ukrainian Government to take appropriate measures to remedy the applicants’ individual situation and awarded the applicants the amounts claimed in respect of non-pecuniary damage in full.
The Court reiterated that the State’s obligation to enforce the final judgment in respect of the Dubetska-Nayda family (to get them resettled) is not in dispute.
The case of the Dubetska-Nayda family was reopened in 2013 in Ukrainian courts and the family received compensation for their resettlement.
As regards the Gavrylyuk-Vakiv family, the Court held that their resettlement to an ecologically safe area would be only one of many possible solutions. In any event, the Court has established the Government’s obligation to take appropriate measures to remedy the applicants’ individual situation.
The family did not take any active measures to get the ECHR decision executed in this part. The government did not take any steps either. In our opinion, the ECHR decision in this part is not executed.
The Court also held that Ukraine was to pay to the Dubetska-Nayda family jointly 32,000 euros (EUR) in respect of non-pecuniary damage, and the Gavrylyuk-Vakiv family jointly EUR 33,000 in respect of non-pecuniary damage.
The Government of Ukraine paid the applicants the amounts awarded by the Court in non-pecuniary damage in full in 2013.
Not a single peace of legislation, nor the practice that lead to the violation of human rights in this case were ever reviewed by the Government.