Abstract:
The problem of systemic non-enforcement of judicial decisions, the
Ukrainian government’s failure to respond to a pilot judgment, and Russia’s
legislative reform offer important case studies for both rule of law
development in the post-Soviet sphere and the efficacy of the European
human rights system. This article looks at systemic non-enforcement both
as a domestic and international challenge. It first examines Ukraine’s
history with the European Court of Human Rights and the response to the
Ivanov v. Ukraine
pilot judgment. It unpacks the factors that are
responsible for persistent non-enforcement and for preventing domestic
reform. It then turns to Russia, and explores the European Court of Human
Rights’ pilot judgment in the case Burdov v. Russia (no. 2),
the Russian
response, and implementation of the subsequent reforms. Lastly, the article
examines the significance and implications of these cases for the European
human rights regime.
