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: 2020-04-23 04:04:45

The ECHR judgment of September 24, 2019 in the case of Kochergin v. Russia (application No. 71462/17).

In 2007, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

The case has successfully examined the application that the applicant, who was a bona fide purchaser of the apartment, was deprived of his property due to the fact that the person who sold him the apartment did not have rights to it. This fact was established only after the ownership of the apartment was registered by authorized authorities. The case has violated Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In his application, the applicant, who was a bona fide purchaser of the apartment, complained that he was deprived of his property due to the fact that the person who sold him the apartment did not have rights to it. The indicated fact was established only after the ownership of the apartment was registered by authorized authorities.

On September 24, 2019, in an application lodged by the applicant, the Court unanimously ruled that in the present case the authorities of the Russian Federation violated the requirements of Article 1 of Protocol No. 1 to the Convention (the right to protection of property) and ordered the respondent Government to pay the applicant EUR 6,500 as compensation for non-pecuniary damage and EUR 20,008 as compensation for pecuniary damage.

 

 

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