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 in respect of three applicants (since the fourth applicant did not own the apartment, but was only

Заголовок: The ECHR found a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the Prot Сведения: 2018-10-07 08:40:45

The case successfully reviewed the complaints of the applicants, who were bona fide purchasers of residential premises, that they had been deprived of apartments that had previously been sold fraudulently, but the applicants were not aware of this during the purchase of housing, and that their eviction and their family members violated the right to respect for family life. 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 2013, 2014 and 2015, complainants were assisted in preparing аpplications. Subsequently, the аpplications were merged and communicated to the Russian Federation.

In their complaints, the applicants (four people), who were bona fide purchasers, complained that they had been deprived of apartments that had previously been sold by fraud, but that the applicants were not aware of during the purchase of housing. The complainants also argued that evicting them and their family members was a violation of the right to respect for family life.

On May 2, 2017, on the complaints filed by the applicants, the European Court unanimously decided that in the present case the authorities violated the requirements of Article 1 of Protocol No. 1 to the Convention (the right to property protection) in respect of three applicants (since the fourth applicant did not own the apartment and was only a member of the third applicant’s family) and that there is no need to consider a complaint of violation of Article 8 of the Convention (the right to respect for private and family life), obliging the respondent state to pay 5,000 euros per and the third applicant in respect of non-pecuniary damage. The second applicant did not submit any claims for just satisfaction.

Resolution of the European Court of Human Rights dated May 02, 2017 in the case of Zimonin and Others (v. Zimonin and Others) against the Russian Federation (аpplications N 59291/13, 14639/14 and 14582/15).

 

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