Let me provide a detailed analysis of this important ECHR decision:
1. Essence of the decision in 3-5 sentences:
– This case concerns a dispute between an elderly Ukrainian woman and her adult children who occupied her house in Bucha, Ukraine, making it impossible for her to live there. The Court found violations of both Article 1 of Protocol No. 1 (property rights) and Article 8 (right to respect for home) of the Convention, as Ukrainian courts failed to properly adjudicate the property dispute and protect the applicant’s rights. The Court criticized Ukrainian courts for relying solely on outdated Soviet-era Housing Code provisions while ignoring more relevant Civil Code norms, and for failing to consider the applicant’s vulnerability as an elderly woman trying to regain access to her home.
2. Structure and main provisions:
– The case examined two main legal issues:
1) Protection of property rights under Article 1 Protocol 1
2) Right to respect for home under Article 8
The Court found that:
– Ukrainian courts failed in their positive duty to adjudicate private property disputes in a non-arbitrary manner
– The courts improperly relied on outdated Soviet Housing Code while ignoring modern Civil Code provisions
– The house constituted applicant’s “home” despite periods of absence
– The state failed to ensure effective procedural safeguards for protecting the applicant’s rights
– The applicant was awarded €5,900 in non-pecuniary damages and €2,600 in costs
3. Key provisions for practical use:
– The Court emphasized that domestic courts must properly balance competing private interests in property disputes
– Even secondary residences can constitute “home” under Article 8 despite weaker links
– States must provide adequate procedural safeguards when legal framework requires sharing home with others
– Courts should consider vulnerability of elderly persons in housing disputes
– Soviet-era Housing Code provisions may be incompatible with modern property rights protection
– The judgment sets important standards for adjudicating family property disputes in post-Soviet countries
The decision is particularly significant for Ukraine as it highlights problems with applying outdated Soviet legislation and the need to ensure better protection of property rights and home respect rights, especially for vulnerable individuals like elderly persons.
