Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

CASE OF LYUBOV STETSENKO v. RUSSIACONCURRING OPINION OF JUDGE DEDOV

Doc ref:ECHR ID:

Document date: April 17, 2014

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 0

CASE OF LYUBOV STETSENKO v. RUSSIACONCURRING OPINION OF JUDGE DEDOV

Doc ref:ECHR ID:

Document date: April 17, 2014

Cited paragraphs only

CONCURRING OPINION OF JUDGE DEDOV

It is hard to believe that the first flat did not satisfy the applicant ’ s needs for the purposes of execution of the 1995 judgment. However, that position was confirmed by further judgments in 2002 and 2007. All three judgments became final. As regards the authorities, they failed firstly to challenge the initial judgment with a view to restricting the extent of the entitlement of members of the applicant ’ s family to a flat together with the applicant, inter alia under Article 2 of the Russian Family Code; secondly to terminate execution of the judgment once the applicant had accepted the first flat; and thirdly to prevent the privatisation of the first flat in 2006. As a result, the applicant has received two flats. Such an anomalous situation occurred on account of deficiencies in the national procedure for the allocation of tenancies which should be corrected by the State, and not by the Court.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846