Week-ending 19 March 2021
This week there were three judgments of the European Court of Human Rights with regard to Russia, finding violations of Article 1 of Protocol No. 1 to the Convention (protection of property).
GAVRILOVA and Others v. RUSSIA, 16 March 2021
Art 1 P1 – Cancellation of title deeds to purchased plots of land and reintegration of the same into municipal property- No fault on the part of the claimants who suffered the consequences of the authorities’ errors and the rigid application of the provisions on claims – No compensation – Fair balance broken to the detriment of the claimants
A violation of Article 1 of Protocol No. 1 to the Convention; holds that the matter of Article 41 of the Convention is not in issue with regard to material and non-material damage, therefore (a) reserves this matter (b) invites the Government and the applicants to inform it, within six months of the date on which the judgment became final in accordance with Article 44 § 2 of the Convention, of any agreement they might reach (c) reserve the procedure and delegate to the President the task of fixing it if necessary; finds (a) that the respondent State shall pay to Mr. Ryabov, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 870, to be converted into the currency of the respondent State at the rate applicable on the date of settlement, plus any amount that may be due on that sum from the applicant by way of tax, for costs and expenses.
Translation from the French by Rights in Russia
SEMENOV v. RUSSIA, 16 March 2021
Art 1 P1 – Cancellation of title deeds to a parcel of land purchased from a natural person and reintegration of the parcel into municipal property – Absence of absolute public imperative and possibly of necessity – Exorbitant burden borne by the applicant – Fair balance broken to the detriment of the applicant
A violation of Article 1 of Protocol No. 1 to the Convention; finds (a) that the respondent State shall pay to the applicant, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following sums, to be converted into the currency of the respondent State at the rate applicable on the date of settlement i) EUR 3,680, plus any amount that may be due on that sum by way of tax, for material damage; ii) EUR 2,000, plus any amount that may be due on this sum by way of tax, for non-material damage; iii) EUR 1,000 (one thousand euros), plus any amount that may be due on this sum from the applicant by way of tax, for costs and expenses.
Translation from the French by Rights in Russia
SEREGIN and Others v. RUSSIA, 16 March 2021
Art 1 P1 – Cancellation of title to plots of land acquired from third parties and reinstatement of the same as municipal property – Absence of fault on the part of the applicants who suffered the consequences of facts attributable exclusively to the internal system, to the authorities and to third parties, and of the rigid application of the provisions on claims – Absence of compensation – Fair balance broken to the detriment of the applicants
A violation of Article 1 of Protocol No. 1 to the Convention; holds that the matter of Article 41 of the Convention is not at issue in respect of material and non-material damage, and accordingly (a) reserves this matter; (b) invites the Government and the applicants to inform it, within six months of the date on which the judgment became final in accordance with Article 44 § 2 of the Convention, of any agreement they might reach; (c) reserves the subsequent procedure and delegates to the President the task of fixing it if necessary; the respondent State shall pay to the applicants, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the sums set out in the appendix to this judgment, to be converted into the currency of the respondent State at the rate applicable on the date of settlement, for costs and expenses, plus any amount that may be due from these sums by way of tax.
Translation from the French by Rights in Russia