Essence of the decision (3-5 sentences):
The case concerns the violation of legal certainty and property rights in Ukraine when a final court judgment from 2012 granting land ownership rights to the applicant was later quashed following an appeal by a third party who acquired the land after the judgment. The European Court of Human Rights found that Ukrainian authorities violated Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 by allowing the reopening of proceedings without substantial justification and by depriving the applicant of her established property rights. The Court particularly emphasized that the situation arose due to the authorities’ omissions after the 2012 judgment.
Structure and main provisions:
1. Background of the case:
– Initial land privatization process started by applicant’s father
– 2012 judgment declaring applicant as rightful owner
– Subsequent allocation of the same land to third parties
– Appeal proceedings and quashing of the 2012 judgment
2. Key legal findings:
– Violation of legal certainty principle
– Unjustified reopening of final judgment
– Failure of domestic courts to address crucial arguments
– Violation of property rights without compensation
Most important provisions for use:
1. The Court established that procedural rules must ensure proper administration of justice and compliance with legal certainty, applying both to litigants and national courts.
2. While third parties affected by a judgment may appeal against it, this right cannot be based on situations created by authorities’ own omissions after the final judgment.
3. The Court emphasized that quashing a final judgment without acceptable justification and compensation, especially when the situation was created by authorities’ actions, places an excessive burden on the original rights holder.
4. The decision reinforces the principle that authorities cannot create situations contradicting final court decisions and then use these situations to justify reopening proceedings.
