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CASE OF YAKOBSON v. UKRAINE

The case concerns the annulment of property rights and eviction of a Ukrainian family from their house, which they had purchased at a public auction in 2003. The first applicant bought the house for 15,700 UAH at a State-administered auction, but the previous owner’s heir successfully challenged the sale’s legitimacy in 2012.The Court found violations of Article 1 of Protocol No. 1 (protection of property) regarding the first applicant and Article 8 (right to respect for private and family life) regarding all applicants. The key issues were:

  • The first applicant was deprived of property rights due to wrongful acts of others, despite being a good faith purchaser
  • The compensation awarded (about one-fifth of the market value) was inadequate and partially unpaid
  • The burden of correcting third parties’ wrongs was unfairly placed on the applicant

The Court’s main findings were:

  • The deprivation of property rights was disproportionate and placed an excessive burden on the first applicant
  • The compensation mechanism didn’t account for inflation, market price changes, or other time-sensitive factors
  • The eviction violated the right to respect for home of all family members
  • The Court awarded €26,000 in total compensation to all applicants jointly

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