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: 2020-04-25 04:15:40

The ECHR judgment of December 17, 2019 in the case of OOO Stroykompleks Construction Company LLC and Others (OOO SK Stroykompleks and Others) v. Russia (applications N 7896/15 and 48168/17).

In 2015 and 2017, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

In the case, applications were successfully examined that the seizure measures of the applicants, which had been in force for several years, and the retention of a number of documents by the authorities, as well as computers and other storage media, violated their right to use their property, as well as the failure of the investigators to comply with court decisions regarding detention of confiscated property, as well as the lack of effective domestic remedies to return it. The case contained a violation of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In their applications, the applicants complained that the seizure measures in force for several years and the retention of a number of documents by the authorities, as well as computers and other storage media, violated their right to use their property. The applicants also complained about the failure of the investigators to comply with the court decisions regarding the detention of the confiscated property, as well as the lack of effective domestic remedies to bring it back.

On December 17, 2019, according to the applications submitted by the applicants, 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 the finding of a violation constitutes sufficient compensation for non-pecuniary damage. The Court also ordered the respondent Government to pay 10,000 euros in respect of a lawyer representing the applicants before the Court and 10,000 euros in respect of costs and expenses incurred by the applicants in the domestic proceedings.

 

 

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