Published on 21 November 2022
FIRST SECTION
Application no. 10665/18
Svetlana Vasilyevna GALPERINA against Russia
and 12 other applications
(see list appended)
communicated on 28 October 2022
SUBJECT MATTER OF THE CASE
The applications originate from the conflict between Ukraine and the Russian Federation when the Russian Federation asserted jurisdiction over Crimea in 2014.
The applications concern disputes between the applicants and the Russian authorities in Crimea regarding immovable property located in Crimea, which allegedly belonged to the applicants. In all the applications, except for application no. 11564/20, the Russian authorities in Crimea brought actions against the applicants seeking demolition of their properties on the basis that they had allegedly been built without authorisation. Following the examination of the applicants’ cases by the Russian courts in Crimea, the Russian authorities’ claims were granted and the applicants were ordered to demolish their properties at their own expense.
In application no. 11564/20 the applicant alleges that his property, namely a pumping station built on municipal land, was demolished by the local authorities without any compensation.
Relying, inter alia, on Article 1 of Protocol No. 1 to the Convention, the applicants complain that the destruction of their properties amounted to a deprivation of property in breach of that Article. They complain, in particular, that the interference with their property rights was neither lawful nor justified.
Moreover, all of the applicants, except for the applicants in applications nos. 31739/18, 41538/19, 7318/20 and 11564/20 allege that the civil, and, where relevant, arbitration proceedings brought against them concerning their properties fell short of the guarantees of a fair hearing. They rely on Article 6 of the Convention in this regard.
QUESTIONS TO THE APPLICANTS AND THE RUSSIAN GOVERNMENT
1. Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?
2. Having regard to the allegations made by the applicants in respect of the court proceedings, did the applicants in applications nos. 10665/18, 12599/18, 25864/18, 25867/18, 28257/18, 41989/18, 3886/19, 26222/20 and 32699/20 have a fair hearing in accordance with Article 6 § 1 of the Convention? Also, in this connection, were the applicants’ cases dealt with by an independent and impartial tribunal established by law?
3. Do the disputed properties constitute “possessions” within the meaning of Article 1 of Protocol No. 1 to the Convention?
If so, has there been an interference with the applicants’ peaceful enjoyment of their possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention?
Was that interference necessary to control the use of property in accordance with the general interest and what general interest did it pursue? In particular, did that deprivation impose an excessive individual burden on the applicants?
QUESTIONS TO THE APPLICANT AND THE UKRAINIAN GOVERNMENT IN APPLICATION NO. 31739/18
1. Has the applicant complied with the admissibility requirements set out in Article 35 § 1 of the Convention?
2. Does the disputed property constitute “possession” within the meaning of Article 1 of Protocol No. 1 to the Convention?
If so, has there been an interference with the applicant’s peaceful enjoyment of his possession, within the meaning of Article 1 of Protocol No. 1 to the Convention?
Was that interference necessary to control the use of property in accordance with the general interest and what general interest did it pursue? In particular, did that interference impose an excessive individual burden on the applicant?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth/Registration
Place of Residence/Registration
Nationality
Represented by
1.
10665/18
Galperina v. Russia
17/02/2018
Svetlana Vasilyevna GALPERINA
1948
Pervomayskiy
Ukrainian
2.
12599/18
Cherepanov v. Russia
28/02/2018
Andrey Vladimirovich CHEREPANOV
1962
Padova
Russian
Anna CARTIER
3.
25864/18
Ustyuzhin v. Russia
29/05/2018
Yuriy Andriyanovich USTYUZHIN
1941
Moscow
Russian
4.
25867/18
Labkovskaya v. Russia
29/05/2018
Oksana Eduardovna LABKOVSKAYA
1973
Moscow
Russian
5.
28257/18
Liliyental v. Russia
29/05/2018
Olga Aleksandrova LILIYENTAL
1941
Moscow
Russian
Aleksandra Vladimirovna ANDREYEVA
6.
31739/18
Grigash v. Russia and Ukraine
27/06/2018
Aleksandr Mikhaylovich GRIGASH
1969
Sevastopol
Ukrainian
Sergiy Anatoliyovych ZAYETS
7.
41989/18
Kulikova v. Russia
19/08/2018
Tatyana Vladimirovna KULIKOVA
1964
Moscow
Russian,Ukrainian
8.
3886/19
Maylova v. Russia
02/01/2019
Zoya Borisovna MAYLOVA
1943
Yalta
Russian
Pavlo Sergiyovych BOGOMAZOV
9.
41538/19
Gumenyuk v. Russia
26/07/2019
Lesya Nikolayevna GUMENYUK
1975
Simferopol
Ukrainian
Vitaliy Olegovych NABUKHOTNYY
10.
7318/20
OOO Akvatika-Invest v. Russia
04/12/2019
OOO AKVATIKA-INVEST
2004
Sevastopol
Russian
Maksim Yuryevich IZHIKOV
11.
11564/20
Ivanov v. Russia
20/02/2020
Aleksey Leonidovich IVANOV
1973
Sevastopol
Ukrainian
Roman Yuryevich MARTYNOVSKIY
12.
26222/20
OOO Vityaz i K v. Russia
13/06/2020
OOO VITYAZ I K
1995
Alushta
Russian
Aleksandra Nikolayevna SUKHOBOKOVA
13.
32699/20
Plakom, OOO v. Russia
02/07/2020
PLAKOM, OOO
2014
Simferopol
Russian