The ECHR found a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the Prot Сведения: 2018-10-05 08:28:29

The case was successfully considered a complaint about the arrest of the applicant’s vehicle and the goods transported by the customs officers due to the lack of registration of the vehicle, to the applicant’s payment of money for the return of his property. The case has violated the requirements of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2011, the complainant was assisted in preparing a аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In his complaint, the applicant, who was an entrepreneur, was transporting goods to one of the cities in the territory of the Pridnestrovskaia Moldavskaia Respublika, but was stopped by persons who introduced themselves as customs officers who arrested his car and goods due to the lack of registration of the vehicle. Further, the applicant had to pay 1,320 euros for the return of his property. The applicant claimed that such actions constituted a violation of his property rights.

On May 9, 2017, on a complaint filed by the applicant, the European Court, by six votes in favor and one against, ruled that in this case the authorities of the Republic of Moldova did not violate any provisions of the Convention, the authorities of the Russian Federation violated the requirements of Article 1 of Protocol No. 1 to the Convention (the right to protection of property), and ordered the authorities of the Russian Federation to pay the applicant 1,320 euros in respect of pecuniary damage and 3,000 euros in respect of non-pecuniary damage.

A special dissenting opinion on this case was expressed by Judge D. Dedov (elected from the Russian Federation).

Resolution of the ECHR dated May 09, 2017 in the case of Paduret (Republic of Moldova and the Russian Federation) (аpplication N 26626/11).

 

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