Protection of property rights at the ECHR in connection with the aggression of the Russian Federation against Ukraine. (Part 1)

27/ 09/ 2022

Author: Oleg Zherobkin, attorney at Dynasty Law & Investment The European Convention on Human Rights guarantees everyone the right to peaceful possession and use of their property. One of the means of protection of this right is to appeal to the European Court of Human Rights (ECtHR) with a complaint against a state party to the Convention that violates this right. Almost from the beginning of the military aggression of the Russian Federation against Ukraine, the Russian Federation decided to withdraw from the Council of Europe and denounce the Convention. Recently, on September 16, 2022, in accordance with the provisions of the Convention, the Russian Federation ceased to be a party to the European Convention on Human Rights, and therefore is no longer obliged to comply with its provisions. However, the ECtHR still remains competent to consider statements (complaints) against the Russian Federation regarding facts of violation of the Convention that took place before September 16, 2022. In this regard, any citizen of Ukraine or a legal entity can apply to the ECtHR with a complaint against the Russian Federation in connection with the latters violation of the rights guaranteed by the Convention, in particular the right to peaceful possession of property. Such an appeal must be made within a 4-month period from the moment of exhaustion of all national remedies, or in their absence, from the moment of violation of the right or from the date when such violations became known. It should also be remembered that if the Court recognizes the complaint as admissible and establishes a violation of the provisions of the Convention, the applicant has the right to submit to the Court a claim for fair compensation for the damage caused by the violation of his rights. Thus, if your property has been destroyed or seized by the occupying forces, you still have time to appeal to the ECHR for the protection of your rights. The specialists of Dynasty Law & Investment already have experience in appeals to the ECHR with complaints against the Russian Federation and can provide qualified assistance in this matter.

Author: Oleg Zherobkin, attorney at Dynasty Law & Investment

The European Convention on Human Rights guarantees everyone the right to peaceful possession and use of their property.

One of the means of protection of this right is to appeal to the European Court of Human Rights (ECtHR) with a complaint against a state party to the Convention that violates this right.

Almost from the beginning of the military aggression of the Russian Federation against Ukraine, the Russian Federation decided to withdraw from the Council of Europe and denounce the Convention.

Recently, on September 16, 2022, in accordance with the provisions of the Convention, the Russian Federation ceased to be a party to the European Convention on Human Rights, and therefore is no longer obliged to comply with its provisions.

However, the ECtHR still remains competent to consider statements (complaints) against the Russian Federation regarding facts of violation of the Convention that took place before September 16, 2022.

In this regard, any citizen of Ukraine or a legal entity can apply to the ECtHR with a complaint against the Russian Federation in connection with the latter’s violation of the rights guaranteed by the Convention, in particular the right to peaceful possession of property.

Such an appeal must be made within a 4-month period from the moment of exhaustion of all national remedies, or in their absence, from the moment of violation of the right or from the date when such violations became known.

It should also be remembered that if the Court recognizes the complaint as admissible and establishes a violation of the provisions of the Convention, the applicant has the right to submit to the Court a claim for fair compensation for the damage caused by the violation of his rights.

Thus, if your property has been destroyed or seized by the occupying forces, you still have time to appeal to the ECHR for the protection of your rights.

The specialists of Dynasty Law & Investment already have experience in appeals to the ECHR with complaints against the Russian Federation and can provide qualified assistance in this matter.