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: 2018-09-04 11:46:28

In the case, the applicants successfully complained that they had been deprived of the apartment they had purchased from a person who did not have any rights to it, but that the applicants were not aware of this in the course of the transaction to purchase the apartment, and that the judgment, authorized their eviction, but not performed due to the conclusion of a lease agreement with the owner of the housing in the person of the authorities of Moscow, was a violation of the right to respect for family 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 2010, the applicants were assisted in preparing the аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In their complaint, the applicants, who were bona fide purchasers, complained that they were deprived of an apartment that they had purchased from a person who did not have any rights to it, but this was not known to the applicants when making a transaction for the purchase of an apartment. The applicants also argued that the court decision authorizing their eviction, but not executed due to the conclusion of the lease agreement with the owner of the housing in the person of the Moscow authorities, was a violation of the right to respect for family life.

On June 6, 2017, on the complaint submitted 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 ordered a full restitution of the applicants' rights, by canceling the eviction order, obliging the respondent State to pay the first applicant EUR 5,000 in respect of non-pecuniary damage.

Decision of the ECHR of 06 June 2017 on the case "Nikolayevy (v. Russia) v. Russian Federation" (аpplication No. 49529/10).

 

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