The ECHR revealed 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 revealed a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the P Сведения: 2019-04-21 06:20:32

ECHR judgment of October 16, 2018 in the case of "Jews and others versus the Russian Federation" (applications No. 54490/10, 1153/14, 2680/14 and 31636/14).

The case successfully reviewed the applications of the applicants that they had been deprived of their property, since their buildings were classified as unauthorized buildings (due to being close to the gas and oil pipelines) and were ordered to demolish them. 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 2010 and 2014, complainants were assisted in preparing applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their applications the applicants complained that they had been deprived of their property because their buildings were categorized as unauthorized buildings (due to being close to gas and oil pipelines) and were ordered to demolish them.

The European Court unanimously ruled that only some applicants could not be held responsible for classifying their buildings as unauthorized due to negligent actions of state bodies, and found a violation of the rights of such applicants in accordance with Article 1 of Protocol No. 1 to the Convention (property protection).

On October 16, 2018, on applications filed by the applicants, the European Court decided to postpone consideration of the question of just compensation and invited the Russian authorities to notify him of any agreement that they and the applicants could reach within six months from the date of entry into force of this Decree.

 

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