Published on 22 May 2023

FIFTH SECTION

Application no. 37919/15 Iryna Olegivna VASYLEVSKA against Ukraine lodged on 23 July 2015 communicated on 4 May 2023

SUBJECT MATTER OF THE CASE

The application concerns the annulment of the applicant’s property title. In December 2011 the applicant purchased non-residential premises from a private person. In July 2012 the prosecutor lodged a claim against the applicant in the interests of the local community seeking the return of the impugned premises that had belonged to the community and had been privatised unlawfully. The case was examined by the courts of three instances and by the final decision of 4 March 2015 the Higher Specialised Civil and Criminal Court decided that the impugned premises belonged to the local community and should be retrieved from the applicant.

The applicant complains about a violation of her property rights under Article 1 of Protocol No. 1.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicant’s peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, was it in accordance with the conditions provided for by law, did it pursue a legitimate aim in the public interest, and did it impose a disproportionate and excessive burden on the applicant?

2. Could the applicant claim and obtain compensation at the domestic level for the property that was taken from her?