Decision of the ECHR of October 23, 2018 in the case of Atroshenko (Atroshenko) against the Russian Federation (application No. 4031/16).
The case was successfully considered the application of the applicant, who was a bona fide purchaser of the apartment, that his ownership was revoked due to the fact that the person who sold him the apartment did not have rights to it, and this fact was revealed only after the transfer of ownership registered by the authorities in the city of Moscow. 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 2016, the complainant was assisted in preparing a application. Subsequently, the application was communicated to the Russian Federation.
In his application, the Applicant, who was a bona fide purchaser of an apartment, complained that his ownership was revoked due to the fact that the person who sold him the apartment did not have rights to it. This fact was revealed only after the transfer of ownership was registered by the authorities in Moscow.
On 23 October 2018, on a application filed by the applicant, 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 applicant 5,000 euros in compensation.