1. The subject of the dispute is the eviction of the defendants from the residential building owned by the plaintiff by right of ownership, and the obligation to relocate them to an apartment.
2. The Grand Chamber of the Supreme Court overturned the decisions of the courts of previous instances, as the European Court of Human Rights (ECHR) established a violation by Ukraine of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of the First Protocol to the Convention in the case of “Biliavska v. Ukraine.” The courts of previous instances did not take into account the vulnerability of the applicant (an elderly woman) who was trying to regain access to her home, and applied only the norms of the Housing Code of Ukraine (Housing Code of Ukraine), without providing proper justification for the precedence of these norms over the norms of the Civil Code of Ukraine (Civil Code of Ukraine). The courts did not assess the evidence provided by the plaintiff, in particular, appeals to law enforcement agencies and conclusions of local police inspectors. The Grand Chamber of the Supreme Court noted that the Housing Code of Ukraine does not reflect all the realities of today, and the Civil Code of Ukraine is a codified act of legislation that was adopted later in time, therefore the temporal conflict is resolved in favor of the norms of the Civil Code of Ukraine.
3. The court overturned the decisions of the courts of previous instances and sent the case for a new trial to the court of first instance.
