The case concerns a property dispute between the Federation of Trade Unions of Chernihiv Region and the Ukrainian state over a building constructed during Soviet times. The Court found a violation of Article 1 of Protocol No. 1 to the Convention (protection of property).The key aspects of the decision are:
- The Court found that depriving the trade union organization of its property rights to the building was not lawful due to the absence of clear legislative regulation regarding the status of former Soviet trade unions’ property in Ukraine
- The Court questioned whether there was a genuine public interest in depriving the organization of its property, especially since the building was being used for statutory activities serving society’s interests
- The Court determined that the trade union organization was a bona fide owner of the property, having obtained formal ownership documents in 2002 and used the building for decades
The most significant provisions of the decision include:
- The Court reaffirmed that mistakes made by state authorities should benefit the affected persons and not be remedied at their expense
- The mere fact that the organization could continue using the building after losing ownership rights did not compensate for the violation of property rights
- The Court emphasized that the lack of clear domestic legislation on the status of former Soviet trade unions’ property was a key factor in finding the violation
