ECHR judgment of October 9, 2018 in the case of Sergunin and Others (Sergunin and Others) v. Russia (applications N 54322/14, 60765/14 and 73407/14).
The case was successfully considered the complaints of the applicants, who were bona fide purchasers of land plots, that their ownership was revoked by the municipal authorities as a result of fraudulent actions of other persons, which the applicants did not know. 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 2014, complainants were assisted in preparing applications. Subsequently, the applications were merged and communicated to the Russian Federation.
In their complaints, the Claimants, who were bona fide purchasers of land plots, complained that their property rights had been revoked by the municipal authorities as a result of fraudulent actions of other persons, which the claimants did not know about. In addition, each initial transaction was registered with the authorities in accordance with applicable law.
On October 9, 2018, according to the applications filed by the applicants, the European Court unanimously decided that in this case the authorities violated the requirements of Article 1 of Protocol No. 1 to the Convention (protection of property), and ordered the respondent state to pay the first applicant 5,000 in compensation. The Court also indicated that the authorities of the Russian Federation must ensure with the help of appropriate means within three months the full restitution of the first applicant's title to the land plot or provide it with an equivalent land plot.