Communicated on 19 September 2016
THIRD SECTION
Application no. 20832/16
Igor Vladimirovich KORNYUSHKIN and others
against Russia
lodged on 5 April 2016
STATEMENT OF FACTS
The applicants are Russian nationals. They live in Ufa in the Republic of Bashkortostan. A list of the applicants is set out in the appendix.
The first and the third applicants are a married couple and the second applicant is their son.
The facts of the case, as submitted by the applicants, may be summarised as follows.
In 1974 the first applicant’s mother was provided with a municipal flat under a social tenancy agreement to accommodate her family of four (the first applicant’s mother herself, her husband, the first applicant and his brother).
In 1984 the first applicant moved to a different flat.
His brother and the brother’s family (a wife and daughter) continued to live with his parents.
In 1990 the first applicant’s father died.
In 2002 the first applicant’s brother registered his daughter as living in the flat.
In 2005 the first applicant’s brother and his wife divorced. His brother stayed with his mother in the flat, while the former wife and the daughter moved to another flat. However, his daughter continued to be registered at her grandmother’s flat.
In April 2012 the first applicant’s brother died.
In May 2012 the applicants moved in with the first applicant’s mother who suffered from a serious illness and required constant care.
In January 2015 the first applicant’s mother died.
On 2 February 2015 the applicants instituted court proceedings against the municipal authorities, seeking recognition of their right to occupy the flat. They submitted that while she had still been alive the first applicant’s mother had tried to register them as family members living in her flat, but the former wife of the first applicant’s brother, acting as the legal representative of her minor daughter, had not given her consent. However, the applicants had lived in the flat with the first applicant’s mother for several years before her death, had paid all the charges for the flat and should be regarded as members of her family who had acquired the right to occupy her flat. They also had no other housing.
The first applicant’s niece, represented by her mother, brought a counterclaim against the applicants, seeking their eviction from the flat.
On 2 July 2015 the Kalininskiy District Court of Ufa (“the District Court”) dismissed the applicants’ claims and granted the claim of the first applicant’s niece to evict them from the flat.
On 6 October 2015 the Supreme Court of the Republic of Bashkortostan dismissed an appeal by the applicants against the judgment of 2 July 2015.
On 10 December 2015 the District Court granted a request by the applicants to postpone the enforcement of the eviction order until 10 June 2016.
On 28 December 2015 a judge of the Supreme Court of the Republic of Bashkortostan refused to refer the applicants’ cassation appeal to the court of cassation.
On 23 May 2016 a judge of the Supreme Court of the Russian Federation refused to refer the applicants’ cassation appeal to the Civil Chamber of the Supreme Court of the Russian Federation.
COMPLAINT
The applicants complain under Article 8 of the Convention of a violation of their right to respect for their home.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ right to respect for their home, within the meaning of Article 8 § 1 of the Convention?
2. If so, was that interference in accordance with the law, did it pursue a legitimate aim and was it necessary within the terms of Article 8 § 2 of the Convention (see, for instance McCann v. the United Kingdom, no. 19009/04, § 50, ECHR 2008; Ćosić v. Croatia, no. 28261/06, §§ 20-23, 15 January 2009; and Paulić v. Croatia, no. 3572/06, §§ 40-45, 22 October 2009)?
3. Alternatively, has the State fulfilled its positive obligations in the present case to ensure that the applicants’ right to respect for their home under Article 8 of the Convention could be exercised effectively?
Appendix
Igor Vladimirovich KORNYUSHKIN, born on 06/07/1966 Vladimir Igorevich KORNYUSHKIN, born on 27/07/1997 Lyudmila Grigoryevna KORNYUSHKINA, born on 23/10/1964
Full & Egal Universal Law Academy