FIRST SECTION
Application no. 21159/08
Yuriy Anatolyevich ANDRIYEVSKIY against Russia
and 40 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are Russian nationals.
A. The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
In 1993 a state-owned enterprise Samaraavtotrans was privatised and reorganised into the joint stock limited liability company Stroitel. According to the privatisation plan, all residential buildings earlier listed on the balance sheet of the Samaraavtorans enterprise were to be transferred to the municipality, while the administrative buildings were to be taken over by the Stroitel company. The privatisation plan referred to the dormitory located at 61 pr. Yunykh Pionerov, Samara, as an administrative building (non-living premises) and it was transferred to the Stroitel company.
As a result of a number of reorganisations of the Stroitel company, the title to the former dormitory building was transferred to the closed joint stock company Stroitel-M. Subsequently, separate rooms in the buildings were re-sold to third parties, including the applicants. The information concerning the applicants’ titles to the said real property can be found in the appendix table below. According to the title deeds, the applicants were recognised as owners of non-living premises.
The applicants moved into the rooms and resided there.
On 23 August 2002 the Samara Region Commercial Court found null and void the Samaraavtotrans privatization plan and the agreement of 10 November 1993 entered into by the property fund of the Samara Region and the Stroitel company in part concerning the transfer of the title to the dormitory to the Stroitel company.
On an unspecified date the Promyshlenniy District Prosecutor, acting in the interests of the municipality, brought an action against the Stroitel and Stroitel-M companies and the owners of the rooms in the former dormitory, including the applicants. Referring to the invalidation of the privatisation of Samaraavtotrans enterprise, the prosecutor noted that the subsequent transactions with the former dormitory building were null and void too and asked the court to return the title to the building to the municipality.
According to the applicants, on 27-28 October 2003 the Promyshlenniy District Court of Samara dismissed the prosecutor’s claims. On 20 January 2004 the Samara Regional Court quashed the judgment of 27-28 October 2003 and remitted the matter for fresh consideration to the District Court.
On 14 June 2005 the District Court dismissed the prosecutor’s claims.
On 2 August 2005 the Samara Regional Court upheld the judgment of 14 June 2005 on appeal.
On 18 May 2006 the Presidium of the Samara Regional Court quashed the judgments of 14 June and 2 August 2005 by way of supervisory review and remitted the matter for fresh consideration to the District Court. The Presidium noted that the lower courts had erroneously applied the substantive and procedural laws when deciding the matter.
On 14-19 November 2007 the District Court granted the prosecutor’s claims in full. The court recognised that the owners of the rooms were bona fide buyers. It further ordered that the title to the dormitory building be transferred to the municipality. The municipality, a true owner of the dormitory, had not authorised the purchase of the rooms in the dormitory by their current owners. Accordingly, the dormitory, having been sold in the absence of such authorisation, had left the possession of the municipality, its lawful owner, against its will, and the latter might recover its property from bona fide buyers.
On 12 February 2008 the Regional Court upheld the judgment of 14‑19 November 2007 on appeal.
It appears that the applicants have not been evicted from the dormitory premises.
B. Relevant domestic law and practice
The relevant domestic law provisions and practices have been summarised in the case of Gladysheva (see Gladysheva v. Russia, no. 7097/10, §§ 35-37, 6 December 2011).
COMPLAINT
The applicants complain that they have been deprived of their property in contravention of Article 1 of Protocol No. 1.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?
2. 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?
3. If so, was that deprivation necessary to control the use of property in accordance with the general interest? In particular, did that deprivation impose an excessive individual burden on the applicant (see Gladysheva v. Russia, no. 7097/10, §§ 64-83, 6 December 2011)?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Description of the real property
Date of the registration of the applicants’ titles to the real property
21159/08
09/04/2008
Yuriy Anatolyevich ANDRIYEVSKIY
09/01/1968
Room no. 4, 4th floor, measuring 18.50 sq. m; Room no. 5, 4th floor, measuring 18.50 sq. m; and Room no. 1, 10th floor, measuring 36.60 sq. m; room no. 20, measuring 16.10 sq. m; and room no. 23, measuring 10.80 sq. m
16 January 2004 and 2 October 2007; The applicant did not submit a copy of the title deed in respect of rooms nos. 20 and 23.
22903/08
10/04/2008
Svetlana Aleksandrovna MARAKHTANOVA
01/09/1974
Room no. 21, 4th floor, measuring 12.20 sq. m
13 September 2002
24519/08
08/04/2008
Eleonora Valeryevna ASTAPOVA
25/02/1972
Room nos. 1, 2, 3, 38, 4th floor, measuring 22.60 sq. m
6 May 2003
24532/08
15/04/2008
Anna Vladimirovna DIZHENINA
28/07/1979
Room no. 18, 3rd floor, measuring 18.10 sq. m
10 August 2001
24728/08
24/04/2008
Sergey Aleksandrovich DESHIN
20/01/1976
Room no. 14, 1st floor, measuring 20.80 sq. m
10 July 2001
24802/08
14/04/2008
Tatyana Petrovna NELYUKHINA
01/08/1952
Room nos. 13, 57, 58, 4th floor, measuring 17.40 sq. m
30 August 2007
25084/08
12/04/2008
Vladimir Sergeyevich PRIKOLOTIN
07/05/1972
Rooms nos. 12, 63, 64, 3rd floor, measuring 18.20 sq. m
19 July 2007
25091/08
14/04/2008
Aleksandr Stanislavovich KOSTIN
17/04/1956
Irina Adolfovna KOSTINA
28/06/1960
Samara
Rooms nos. 9, 45, 46, 4th floor, measuring 17.50 sq. m
18 August 2006
25557/08
09/04/2008
Vladimir Vasilyevich GUSELNIKOV
13/07/1945
Room no. 40, 5th floor, measuring 12.70 sq. m
11 October 2006
25558/08
10/04/2008
Anna Aleksandrovna KOBINA
14/02/1976
Room no. 22, 4th floor, measuring 12.20 sq. m
13 September 2002
25559/08
10/04/2008
Olga Valeryevna LITVINOVA
11/09/1971
Rooms nos. 30, 31, 70, 71, 3rd floor, measuring 25.30 sq. m
27 November 2006
27545/08
16/04/2008
Irina Nikolayevna OVCHINNIKOVA
06/10/1975
Room no. 4, 3rd floor, measuring 18.30 sq. m
28 October 2002
27555/08
24/04/2008
Aleksandr Vyacheslavovich KRIVKO
30/04/1953
Rooms nos. 20-22, 2nd floor, measuring 40.70 sq. m; Room no. 49, 2nd floor, measuring 10.20 sq. m; and Room no. 50, 2nd floor, measuring 6.80 sq. m
28 April and 23 August 2001
27568/08
24/04/2008
Andrey Leonidovich MEDVEDEV
30/04/1953
Room no. 49, 2nd floor, measuring 10.20 sq. m
28 April 2001
28029/08
08/04/2008
Andrey Anatolyevich KONDOLSKIY
20/11/1960
Room no. 50, 2nd floor, measuring 6.80 sq. m
19 July 2001
28031/08
10/04/2008
Pavel Ivanovich SISIGIN
04/11/1977
Room no. 34, 5th floor, measuring 13.10 sq. m (12.50 sq. m according to the judgment of 14-19 November 2007)
28 November 2002
28033/08
09/04/2008
Nikolay Ivanovich VOLOSHCHUK
05/12/1959
Room no. 5, 3rd floor, measuring 19.0 sq. m
27 November 2001
30511/08
10/04/2008
Vyacheslav Viktorovich DITKIN
08/12/1959
Room no. 20, 5th floor, measuring 15.50 sq. m
26 March 2003
30517/08
14/04/2008
Yelena Andreyevna MALAKHOVA
18/06/1990
Room no. 18, 4th floor, measuring 18.50 sq. m
23 August 2003
30804/08
11/04/2008
Valentina Nikiforovna SKVORTSOVA
19/02/1941
Rooms nos. 15, 65, 3rd floor, measuring 18.00 sq. m
30 October 2002
31038/08
17/04/2008
Irina Borisovna MAZUR
09/06/1958
Rooms nos. 11, 44, 1st floor, measuring 35.40 sq. m; Room no. 30, 1st floor, measuring 9.0 sq. m; and Rooms nos. 32, 34, 35, 42, 1st floor, measuring 92.10 sq. m
10 April 2003
33635/08
14/05/2008
Nadezhda Alekseyevna ANTIPOVA
05/02/1956
Room no. 27, 2nd floor, measuring 17.80 sq. m; and rooms nos. 26, 53, 2nd floor, measuring 21.30 sq. m
10 May 2004
45120/08
21/06/2008
Svetlana Ipolitovna ANISIMOVA
06/12/1960
Room no. 8, 4th floor, measuring 18.40 sq. m
24 April 2007
45121/08
24/06/2008
Rasima Minnullinovna TAKTAMYSHEVA
08/12/1942
Room no. 14, 3rd floor, measuring 17.40 sq. m
6 November 2006
45122/08
11/04/2008
Khasan Yakubovich GALEYEV
19/05/1957
Room no. 9, 1st floor, measuring 18.60 sq. m
25 June 2007
45124/08
08/05/2008
Natalya Vladimirovna STROKINA
04/06/1964
Room no. 20, 3rd floor, measuring 16.40 sq. m
20 March 2003
45125/08
15/04/2008
Oksana Aslanovna NIKIFOROVA
02/07/1976
Room no. 10, 2nd floor, 18.40 sq. m
6 September 2001
45126/08
14/04/2008
Nadezhda Prokofyevna MUSATOVA
23/08/1939
Room no. 16, 2nd floor, measuring 13.10 sq. m; and room no. 28, 2nd floor, measuring 12.90 sq. m
14 May 2002
45131/08
18/04/2008
Yelena Vasilyevna SHITOVA
23/11/1955
Room no. 15, 5th floor, measuring 23.60 sq. m
19 November 2002
45133/08
15/04/2008
Irina Petrovna SIROTA (FEDOROVA)
29/07/1980
Room no. 14, 2nd floor, measuring 18.00 sq. m
12 December 2005
45136/08
20/05/2008
Lidiya Pavlovna VASYUKHINA
04/07/1943
Rooms nos. 7, 55, 56, 3rd floor, measuring 18.40 sq. m
30 October 2001
45138/08
15/04/2008
Galina Vasilyevna YEVARESTOVA
14/01/1946
Room no. 5, 2nd floor, measuring 18.40 sq. m
28 November 2005
45140/08
22/05/2008
Sergey Sergeyevich ANISIMOV
27/07/1978
Room no. 34, 4th floor, measuring 12.80 sq. m; and room no. 35, 4th floor, measuring 9.70 sq. m
6 December 2002
45141/08
28/04/2008
Vera Nikolayevna RUSSKOVA
22/01/1964
Rooms nos. 47, 48, 1st floor, measuring 37.10 sq. m
7 October 2003
45162/08
14/04/2008
Natalya Nikolayevna KARTASHOVA
16/07/1964
Room no. 24, 4th floor, measuring 13.80 sq. m
5 November 2002
45167/08
19/05/2008
Gennadiy Sergeyevich BOLSHAKOV
26/07/1953
Room no. 30, 2nd floor, measuring 13.10 sq. m; and room no. 31, 2nd floor, measuring 13.10 sq. m
25 July 2001
45170/08
08/05/2008
Vladimir Aleksandrovich VORONTSOV
06/03/1938
Rooms nos. 1, 2, 3, 38, 3rd floor, measuring 22.80 sq. m
2 July 2007
45173/08
28/04/2008
Vitaliy Aleksandrovich VASYUKHIN
11/05/1995
Darya Aleksandrovna VASYUKHINA
18/08/2006
Samara
First applicant: room no. 29, 1st floor, measuring 12.80 sq. m,
Second applicant: room no. 28, 3rd floor, measuring 12.90 sq. m
First applicant: 1 October 2007
Second applicant: 2 October 2007
45177/08
15/05/2008
Lyubov Nikolayevna AFANASYEVA
25/02/1958
Rooms nos. 8, 32, 39, 62, 63, 2nd floor, measuring 36.70 sq. m
27 September 2006
45180/08
05/05/2008
Grigoriy Ivanovich SEMENENKO
02/01/1937
Rooms nos. 8, 57, 58, 3rd floor, measuring 18.0 sq. m
2 July 2001
45182/08
05/05/2008
Klavdiya Vasilyevna KOVALEVA
08/06/1930 and Irina Vladimirovna KOVALEVA
20/06/1991
Rooms nos. 32, 33, 72, 73, 3rd floor, measuring 23.40 sq. m
2 August 2006
Full & Egal Universal Law Academy