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.

Заголовок: The ECHR found a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the Prot Сведения: 2019-11-18 12:28:58

The ECHR judgment of April 16, 2019 in the case of Bokova v. Russia (application No. 27879/13).

In 2013, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

The case successfully examined an application against a court decision on foreclosure on the applicant’s house, which was handed down as part of the criminal proceedings instituted against her husband, which violated her right to respect for property. There was a violation of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In her application, the applicant, residing in the city of Moscow, complained that the court’s decision to foreclose her house in the criminal proceedings instituted against her husband violated her right to respect for property.

On April 16, 2019, in response to an application filed by the applicant, the Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 1 of Protocol No. 1 to the Convention (the right to protection of property) and that there was no need to examine a complaint about a violation of Article 13 of the Convention (right an effective domestic remedy). The Court also unanimously held that the finding of a violation of the Convention constituted sufficient just satisfaction for the applicant's non-pecuniary damage and ordered the respondent Government to pay the applicant EUR 3,660 in respect of costs and expenses.

 

 

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