Ukrainian Supreme Court Judge Oleksandr Volkov awarded compensation for 2010 dismissal

Published: 6 Feb 2018

Mr. Volkov in front of the Supreme Court of Ukraine
Oleksandr Volkov in front of the Supreme Court of Ukraine, following his reinstatement

Oleksandr Volkov was elected to the Supreme Court of Ukraine in 2003. In May 2010, he was dismissed from his post due to an alleged “breach of oath”. On 9 January 2013, the ECtHR found multiple violations of his right to a fair trial (Art. 6 ECHR) and respect for private life (Art. 8 ECHR) and ordered Ukraine to reinstate him immediately as a Supreme Court judge, the first time the Court has made such an order. The ECtHR also found systemic issues with judicial independence and ordered legislative reform.

Mr Volkov was reinstated on 2 February 2015, and Ukraine has undertaken constitutional and legislative reforms to improve judicial impartiality. The Court awarded the applicant €6,000 in non-pecuniary damages, but reserved the question of pecuniary damages, inviting the parties to submit observations on this issue.

Decision

The parties submitted declarations noting that the Government undertook to pay Mr Volkov 1,430,212.32 UAH (approx. €41,000) for pecuniary damage, plus any tax chargeable to him. Mr Volkov agreed to waive any further claims against Ukraine in respect of this case. On 6 February 2018, the ECtHR noted this friendly settlement and struck out the remainder of the application.

Other useful resources
Original judgments in Volkov v Ukraine on merits and just satisfaction (HUDOC)
European Court rules dismissal of 18 Ukrainian judges unlawful
Council of Europe launches project to strengthen judicial accountability in Ukraine
Oleksandr Volkov reinstated as Supreme Court Judge in Ukraine
Ukrainian Parliament votes in favour of reinstatement of Judge Oleksandr Volkov
Analysis of Volkov v Ukraine judgment (June 2013)