Lexploria

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. Ha ve the applicant s 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, 2 nd floor, measuring 17.80 sq. m; and rooms nos. 26, 53, 2 nd floor, measuring 21.30 sq. m

10 May 2004

45120/08

21/06/2008

Svetlana Ipolitovna ANISIMOVA

06/12/1960

Room no. 8, 4 th floor, measuring 18.40 sq. m

24 April 2007

45121/08

24/06/2008

Rasima Minnullinovna TAKTAMYSHEVA

08/12/1942

Room no. 14, 3 rd floor, measuring 17.40 sq. m

6 November 2006

45122/08

11/04/2008

Khasan Yakubovich GALEYEV

19/05/1957

Room no. 9, 1 st floor, measuring 18.60 sq. m

25 June 2007

45124/08

08/05/2008

Natalya Vladimirovna STROKINA

04/06/1964

Room no. 20, 3 rd floor, measuring 16.40 sq. m

20 March 2003

45125/08

15/04/2008

Oksana Aslanovna NIKIFOROVA

02/07/1976

Room no. 10, 2 nd floor, 18.40 sq. m

6 September 2001

45126/08

14/04/2008

Nadezhda Prokofyevna MUSATOVA

23/08/1939

Room no. 16, 2 nd floor, measuring 13.10 sq. m; and room no. 28, 2 nd floor, measuring 12.90 sq. m

14 May 2002

45131/08

18/04/2008

Yelena Vasilyevna SHITOVA

23/11/1955

Room no. 15, 5 th floor, measuring 23.60 sq. m

19 November 2002

45133/08

15/04/2008

Irina Petrovna SIROTA ( FEDOROVA )

29/07/1980

Room no. 14, 2 nd 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, 3 rd floor, measuring 18.40 sq. m

30 October 2001

45138/08

15/04/2008

Galina Vasilyevna YEVARESTOVA

14/01/1946

Room no. 5, 2 nd floor, measuring 18.40 sq. m

28 November 2005

45140/08

22/05/2008

Sergey Sergeyevich ANISIMOV

27/07/1978

Room no. 34, 4 th floor, measuring 12.80 sq. m; and room no. 35, 4 th floor, measuring 9.70 sq. m

6 December 2002

45141/08

28/04/2008

Vera Nikolayevna RUSSKOVA

22/01/1964

Rooms nos. 47, 48, 1 st floor, measuring 37.10 sq. m

7 October 2003

45162/08

14/04/2008

Natalya Nikolayevna KARTASHOVA

16/07/1964

Room no. 24, 4 th floor, measuring 13.80 sq. m

5 November 2002

45167/08

19/05/2008

Gennadiy Sergeyevich BOLSHAKOV

26/07/1953

Room no. 30, 2 nd floor, measuring 13.10 sq. m; and room no. 31, 2 nd 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, 3 rd floor, measuring 22.80 sq. m

2 July 2007

45173/08

28/04/2008

Vitaliy Aleksandrovich VASYUKHIN

11/05/1995

Darya Aleksandrovna VASYUKHINA

1 8/08/2006

Samara

First applicant: room no. 29, 1 st floor, measuring 12.80 sq. m,

Second applicant: room no. 28, 3 rd 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, 2 nd 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, 3 rd 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, 3 rd floor, measuring 23.40 sq. m

2 August 2006

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ANDRIYEVSKIY v. RUSSIA

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