Execution of the judgment – This case concerns the applicant’s forcible eviction from a flat after the death of her late partner who held tenancy rights to the flat. The Court noted that domestic law permitted eviction only on grounds established by law and only on the basis of a court order (Housing Code of 24 June 1983, as amended on 28 March 1998, effective at the material time). That provision introduced an important procedural safeguard against arbitrary evictions and its wording permitted no exceptions. The Court further referred to the position of the Russian Government, which conceded that the procedure established by law should have been followed in the applicant’s case, even though her residence had not been legally established. The Court saw no reason to dissent and concluded that the interference with the applicant’s right to respect for her home was not in accordance with the law, as she had been evicted without a court order (violation of Article 8).
58255/00, [2011] ECHR 1681
Bailii
European Convention on Human Rights 8
Citing:
Judgment – Prokopovich v Russia ECHR 18-Nov-2004
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (estoppel); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 06 January 2022; Ref: scu.554549