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: 2018-09-03 16:56:33

The case successfully examined the complaints of the applicants, who were bona fide purchasers of the apartments, that they had been deprived of housing in the form of restitution, which had previously been sold fraudulently, but the applicants were not aware of this at the time of purchase, and that their eviction was a violation of the right to respect for private life. The case involved a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2014, the applicants were assisted in the preparation of аpplications. Subsequently, the аpplications were merged and communicated to the Russian Federation.

In their complaints, the applicants, who were bona fide purchasers of the apartments, complained that they had been deprived of housing for restitution, which had previously been sold fraudulently, but the applicants were not aware of this at the time of purchase. The applicants also argued that their eviction was a violation of the right to respect for private life.

On 13 June 2017, on the complaints lodged by the applicants, the Court unanimously held that in the present case the Government violated the requirements of Article 1 of Protocol No. 1 to the Convention (right to property protection) and that there was no need to consider a complaint under Article 8 to respect for private and family life), obliging the respondent State to make full restitution of the applicants' rights and to pay each applicant 5,000 euros in compensation for non-pecuniary damage.

The ECHR judgment of 13 June 2017 in the case of Lunina and Mukhamedova v. Russian Federation (аpplications N 7359/14 and 69173/14).

 

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