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CASE OF TAGANOVA AND OTHERS v. GEORGIA AND RUSSIA

This judgment concerns multiple applications against Georgia and Russia regarding property rights violations in Abkhazia. The key aspects are: 1. The case involves complaints by several applicants who were forced to leave their homes in Abkhazia during the 1992-1993 conflict and have been unable to return or access their properties since then. The applicants claimed violations of their property rights, right to home and family life, and discrimination based on ethnic grounds. 2. The Court found that Russia exercised effective control over Abkhazia during the relevant period (1998-2022) through its military, economic and political support. Georgia, while not having effective control over Abkhazia, retained positive obligations to protect rights of people from that territory. The Court determined both states had jurisdiction but in different capacities. 3. The Court found violations by Russia of Article 1 Protocol 1 (property rights) and Article 8 (right to home) for continuously denying the applicants access to their properties and homes in Abkhazia. However, it found no violations by Georgia as it had fulfilled its positive obligations by taking appropriate measures within its limited capabilities. The Court awarded compensation to be paid by Russia to the applicants. The judgment is particularly important for Ukraine as it deals with issues of state responsibility and jurisdiction in situations of territorial occupation and effective control by another state, as well as the obligations of the state that lost control over part of its territory. It also addresses questions of property rights protection in occupied territories.

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