FIFTH SECTION

Application no. 12064/08
Galina Stepanovna MUKIY and
Vladimir Davydovich MUKIY against Ukraine
lodged on 7 February 2008

STATEMENT OF FACTS

The applicants, Ms Galina Stepanovna Mukiy and Mr Vladimir Davydovich Mukiy, are Ukrainian nationals who were born in 1954 and 1953 respectively and live in Kurortne village.

A. The circumstances of the case

The facts of the case, as submitted by the applicants, may be summarised as follows.

The applicants are tenants of a flat owned by the Karadagskyy State Nature Reserve (“the Reserve”) in Kurortne village, Crimea. According to them, they have been living in that flat for about twenty-five years.

They sought privatisation of the flat in question. The Reserve’s administration however rejected their request on the ground that no real estate property located in a nature reserve – as was purportedly the case – could be privatised under the national legislation.

On an unspecified date the applicants brought civil proceedings in the Feodosiya Local Court (“the Feodosiya Court”) against the Reserve’s administration seeking removal of any impediments to the flat’s privatisation on its part.

On 18 August 2004 the Feodosiya Court allowed the applicants’ claim, finding that, according to the documents in the case file, residential buildings in Kurortne village were not part of the Reserve. It was noted in the judgment that it was amenable to appeal within a month