Communicated on 27 November 2020
Published on 14 December 2020
THIRD SECTION
Application no. 30741/19
Anton Anatolyevich ALENKIN against Russia
and 4 other applications
(see list appended)
STATEMENT PF FACTS
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants are Russian nationals. They bought flats from private parties. The State authorities reclaimed the flats, and the applicants’ titles to the real property in question were annulled. The details pertaining to each applicant appear in Appendices I and II below.
COMPLAINT
The applicants complain that they had been deprived of their flats in violation of Article 1 of Protocol No. 1 to the Convention.
COMMON QUESTIONS
As regards the forfeiture by the applicants of the title to their respective flats, have the applicants been deprived of their possessions in the public interest, in accordance with the conditions provided for by law and in accordance with the principles of international law, within the meaning of Article 1 of Protocol No. 1?
If so, did that deprivation impose an excessive individual burden on the applicants (see, among other authorities, Gladysheva v. Russia, no. 7097/10, §§ 64-83, 6 December 2011, and Alentseva v. Russia, no. 31788/06, §§ 55‑77, 17 November 2016)?
APPENDIX I
Details of the applications
No.
Application no.
Date of introduction
Applicants’ details
(born in, place of residence)
Represented by
30741/19
06/06/2019
Anton Anatolyevich ALENKIN
1980
Moscow
Olga Ganina, a lawyer practising in Moscow
61539/19
15/11/2019
Kseniya Nikolayevna PENDIK
1991
Moscow
4597/20
28/12/2019
Lena Radionovna REYKHERT
1969
Sertolovo, Leningrad Region
8051/20
27/01/2020
Lidiya Aleksandrovna NIKITINA
1954
St Petersburg
Artem Rassokhin, a lawyer practising in St Petersburg
15964/20
02/04/2020
Andrey Vladislavovich SHKARLET
1973
Moscow
APPENDIX II
Facts in respect of each application
No.
Application no.
Address of the flat in Moscow
Annulment of the applicants’ title to the flat
Background information concerning the applicant’s real property
Acquisition of the flat by the applicant
Proceedings before the court at first level of jurisdiction
Appeal proceedings
1.
30741/19
Sirenevyy Bulvar, Moscow
On 7 September 2014 K., the owner of the flat, died intestate and without heirs.
On 18 December 2014 the flat was sold by an unknown person to I.
On 28 January 2015 I. sold the flat to G.
On 24 July 2015 G. sold the flat to R.
On 9 June 2016 R. sold the flat to the applicant.
The state authorities registered all the above transfers of the title to the flat.
On 4 December 2017 the Izmaylovskiy District Court recognised the City of Moscow’s title to the flat.
On 24 September 2018 the Moscow City Court upheld the judgment of 24 December 2017, in substance on appeal, annulled the applicant’s title to the flat and ordered his family’s eviction.
On 5 December 2018 the City Court refused to grant the applicant leave to bring a cassation appeal.
On 7 February 2019 the Supreme Court of the Russian Federation rejected the applicant’s second cassation appeal.
2.
61539/19
ulitsa Novoshchukinskaya, Moscow
On 20 May 2014 the Khoroshevskiy District Court of Moscow recognised K.’s title to the flat.
On 3 July 2014 the judgment of 20 May 2014 came into force.
On 19 November 2014 the state authorities registered K.’s title to the flat.
On 20 November 2014 the Moscow City Court quashed the judgment of 20 May 2014, annulled K.’s title to the flat and recognised the City of Moscow’s title to the flat.
On 15 December 2014 K. transferred the title to the flat to her son K.P. by way of gift.
On 29 April 2015 K.P. sold the flat to the applicant.
On 19 May 2015 the state authorities registered the applicant’s title to the flat.
On 19 December 2017 the District Court recognised the City of Moscow’s title to the flat.
On 23 April 2018 the state authorities registered the City’s title to the flat.
On 12 December 2018 the City Court quashed the judgment of 19 December 2017, invalidated the applicant’s title to the flat and recognised the City’s claims in respect of the flat.
On 9 April 2019 the City Court refused to grant the applicant leave to bring a cassation appeal.
On 18 July 2019 the Supreme Court of the Russian Federation rejected the applicant’s second cassation appeal.
3.
4597/20
Vitebskiy Pr., St Petersburg
On 18 March 2015 Ye., the owner of the flat, died intestate and without heirs.
On 4 September 2015 the flat was sold by an unknown person to T.
On 18 September 2015 the state authorities registered T.’s title to the flat.
On 17 June 2016 T. sold the flat to the applicant.
On 5 July 2016 the state authorities registered the applicant’s title to the flat.
On 15 October 2018 the Moskovskiy District Court of St Petersburg ordered the transfer of the flat to the City of St Petersburg.
On 28 January 2019 the St Petersburg City Court upheld the judgment of 15 October 2018 on appeal.
On 29 March 2019 the City Court refused to grant the applicant leave to bring a cassation appeal.
On 28 June 2019 the Supreme Court of the Russian Federation rejected the applicant’s second cassation appeal.
4.
8051/2020
Tikhoretskiy Pr., St Petersburg
On 26 October 2016 L., the owner of the flat, died intestate and without heirs.
On 31 March 2017 the flat was sold by an unknown person to the applicant.
On 14 April 2017 the state authorities registered the applicant’s title to the flat.
On 1 August 2018 the applicant sold the flat to K.
On 7 November 2018 the state authorities refused to register K.’s title to the flat.
On 5 December 2018 the Vyborgskiy District Court of St Petersburg annulled the applicant’s title to the flat and recognised the City’s title to the flat.
On 11 April 2019 the St Petersburg City Court upheld the judgment of 5 December 2018 on appeal.
On 7 August 2020 the City Court refused to grant the applicant leave to bring a cassation appeal.
On 24 October 2020 the Supreme Court of the Russian Federation rejected the applicant’s second cassation appeal.
5.
15964/20
Ulitsa Marshala Tukhachevskogo, Moscow
On 11 April 2007 Ch., the owner of the flat, died intestate and without heirs.
On an unspecified date A.Ch., Ch.’s ex-husband, successfully obtained recognition as Ch.’s heir after having submitted an invalid marriage certificate to the notary.
On 24 March 2008 the state authorities registered A.Ch.’s title to the flat.
On 26 January 2011 A.Ch. sold the flat to the applicant.
On 3 February 2011 the state authorities registered the applicant’s title to the flat.
On 3 August 2018 the Khoroshevskiy District Court of Moscow dismissed the City of Moscow’s claims in respect of the flat.
On 8 April 2019 the Moscow City Court quashed the judgment of 3 August 2018, recognised the City’s claims in respect of the flat, annulled the applicant’s title to the flat and ordered his eviction.
On 7 June 2019 the City Court refused to grant the applicant leave to bring a cassation appeal.
On 1 November 2019 the Supreme Court of the Russian Federation rejected the applicant’s second cassation appeal.
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