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: 2019-04-25 08:03:04

ECHR judgment of November 27, 2018 in the case of Nurmiyeva v. Russia (application N 57273/13).

The case successfully examined the application of the applicant, the owner of the parking lot, about the refusal of domestic courts to refund to her the cost of all the work to restore the parking lot after its dismantling by the authorities during the investigation of the theft of plates that paved the parking lot. The criminal case, in connection with which the plates were removed, was discontinued, and the applicant was only compensated for the cost of the plates, but not the amount of the costs of bringing the parking lot to a proper condition. 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, the complainant was assisted in preparing a application. Subsequently, the application was communicated to the Russian Federation.

In her application, the applicant, who owned the parking lot, complained about the refusal of the domestic courts to refund to her the cost of all the work to restore the parking lot after it was dismantled by the authorities during the investigation of the theft of plates that paved the parking lot. The criminal case, in connection with which the plates were withdrawn, was discontinued, and the applicant was only compensated for the cost of the plates, but not the sum of the costs of bringing the parking lot to proper condition.

On 27 November 2018, on the application filed by the applicant, 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 (protection of property), and ordered the respondent State to pay the applicant 5,000 euros in moral damages and EUR 1,650 for costs and costs.

 

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