Knock, or they won’t open: Chernobyl survivor regrets not turning to the European Court

This is a story about a man who at one time did not want to apply to the European Court of Human Rights and prove a violation of his right to a fair trial, because he lost faith in justice. His colleagues went to the end. But thanks to the competent and professional legal support of the lawyer of the Chernihiv Office of the Legal Development Network, Natalia Kulikova, they still defended their right.

The ECHR ruled in their favor, people received compensation and payments that they were owed. The man, who gave up and did not believe that he would get his money back, was left with nothing. Now he has decided to apply to the European Court after all. However, this time more time and more evidence are needed to achieve a positive result.

In September 2017, the Network Office of the NGO “Chernihiv Public Committee for the Protection of Human Rights” was visited by Leonid Kovalenko*, a Chernobyl survivor with a disability of group III. The man had already contacted the Office’s lawyers in 2011, together with his colleagues, regarding the recalculation of his pension, which the Pension Fund (PFU) had denied them.

Legal support to people, including Leonid Kovalenko, was provided by the lawyer of the Chernihiv Office of the Legal Development Network

Natalia Kulikova

.

The man had “in his hands” the court decisions in his favor, but he did not want to go further

So, 6 years ago, Mr. Leonid filed a lawsuit with the Pension Fund of Ukraine in the Pryluky district of Chernihiv region to declare the actions of the PFU unlawful.

In the lawsuit, the man demanded that he be recalculated his monthly basic and additional pension as a victim of the Chernobyl disaster of the first category with a disability group of the third degree. The Chernobyl survivor referred to Articles 54 and 50 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster”.

The Pryluky City District Court of Chernihiv Oblast found the actions of the Pension Fund Administration (UPF) unlawful and ordered it to transfer and pay Mr. Leonid the basic and additional pension for damage caused to health in the amount of 50% of the minimum old-age pension. According to the decision, the UPF was to settle with Mr. Leonid within six months.

The Pension Fund Administration tried to appeal the decision, but the Kyiv Administrative Court of Appeal supported the position of the court of first instance.

According to the Office’s lawyer Nataliya Kulikova, enforcement proceedings were opened and the court decision was partially executed. Leonid Kovalenko was transferred the basic and additional pension. However, the man never received the money. According to the lawyer, Mr. Leonid was owed almost 35,000 hryvnias by the decision of both courts.

– In 2012, the man again appealed to the court, because the statute of limitations in this matter is 6 months. Again, the Pryluky District Court supported the position of our applicant.. But the resolution was also partially implemented, – the lawyer comments.

5 years have passed since the court made the decision, and the money has not been paid to Mr. Leonid.

– At that time, as now, the court’s decisions (resolutions) where state bodies are supposed to make payments on social issues are actually “frozen”. The funds are not paid on the basis of the Law adopted in 2011, – notes

Natalia Kulikova

.

“Knock – and they will open it for you”…

The man gave up and refused to continue fighting for his rights, while his friends, also Chernobyl survivors, decided to go further and, with the help of lawyer Natalia Kulikova, appealed to the European Court of Human Rights.

– His friends, like many other citizens, appealed to the ECHR with a complaint about the failure to enforce the court’s decision (violation of the right to a fair trial – Art. 6 of the European Convention on Human Rights) and Art. 1 of Protocol 1 to the European Convention – protection of property,

– explains the lawyer of the Office

.

The European Court considered the cases of Chernobyl survivors for several years, combined them into one and made a decision in favor of the applicants. The ECHR decided that the state could not fail to comply with the court decisions, citing a lack of funds. Therefore, the applicants were awarded various compensation, and Ukraine was obliged to comply with the court decisions.

– The amount of compensation was different, solely at the discretion of the court…,

– says

Natalia Kulikova


. – In some cases, it reached 3,000 euros.

According to the lawyer, the state paid people compensation within three months after the ECHR decision came into force.

Having learned that his friends had succeeded and received money, Leonid Kovalenko decided to appeal to the European Court of Human Rights and again asked for legal support from a lawyer from the Chernihiv Office of the Legal Development Network.

Natalia Kulikova agreed to help, but notes that this time it is necessary to collect more evidence than in 2012 in order to write an application to the ECHR.

– In recent years, the number of complaints filed with the European Court from Ukraine has increased significantly, and most of them concern non-enforcement of court decisions. Since the debtor is the State Treasury of Ukraine, it has its own register of execution of court decisions, which were transferred to it from the enforcement service. Therefore, it is necessary to provide the court with confirmation that this particular decision is registered in the register of the State Treasury Service,

– the lawyer explains.

Of course, if the man had not refused to apply to the European Court then, he would have already received the money. This instructive story once again proves that it is necessary to defend your rights to the last. Especially if you are supported by professional lawyers.

* Name changed for ethical reasons.

P.S.

The offices of the Legal Development Network were created and operate with the support of the program initiative “Human Rights and Justice”. Read more about the network’s activities, principles and principles of work on the website.