Property

απαλλοτρίωση

Cancellation of cadastral registration against owners who had a legal title after 60 years, disrupted the legal certainty and violated the right to property

JUDGMENT
Muharrem Güneş and others v. Turkey 24.11.2020 (app. no. 23060/08)
Challenge of ownership of real estate by the state after 55 years and cancellation of title deed after 60 years. Good governance, legal certainty and property rights.
The applicants are owners of a property, the title of which had been registered by their predecessor father, in the Land Registry. Their predecessor had been recognized as the owner of the property since 1951, by virtue of a court decision due to uninterrupted peaceful possession. After 55 years, the ownership of the applicants in some parts of the said property was disputed by the State and after the opinion of the cadastral committee, a registration correction was made and the ownership passed to the state. The domestic courts rejected the applicants’ appeals in an irrevocable decision on the ground that those parts constituted a forest area and were considered inadmissible for the establishment of a right in rem by individuals.

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ιδιοκτησία

Cancellation of a public contract and withholding of the guarantee due to pending prosecution of the applicant. Serious negligence of the competent body and violation of the right to property

JUDGMENT
Kurban v. Turkey 24.11.2020 (app. no.  75414/10)
Right to property, public procurement and proportionality between the means and the intended purpose.
The applicant participated in a tender for the execution of a construction project in which his bid prevailed and a public contract was signed. He paid a guarantee of 6% on the value of the contract. The contract was canceled because the State was subsequently informed of the existence of a pending criminal prosecution against the applicant relating to public procurement. The guarantee was withheld by law. He filed a complaint for violation of the presumption of innocence and his right to property.

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ιδιοκτησία

Late imposition of an administrative fine for violation of the customs code and seizure of real estate. Violation of the right to respect for property

JUDGMENT Artashes Antonyan v. Armenia  22.10.2020  (app. no. 24313/10) see here SUMMARY Imposition of an overdue customs fine. Foreclosure and auction of real estate. Right to property. The applicant was fined under the Customs Code for inaccurate invoicing of imported products. The imposition of a fine took place after the expiry of the two-month period […]

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ιδιοκτησία

The presumption of innocence was violated when a non convicted due to a statute of limitations for tax evasion was later sentenced to compensation on the grounds that he had committed the same crime!

JUDGMENT Agapov v. Russia 06.10.2020  (app. no. 52464/15) see here   SUMMARY Tax evasion, presumption of innocence and protection of property. The applicant, in his capacity as CEO of the company, was charged with tax evasion as the company had failed to pay VAT. The prosecutor did not prosecute the statute of limitations, but the State […]

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Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

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Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

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Cancellation of purchase and sale due to a state authorities error. Violation of the right to respect of property

JUDGMENT Arzamazova v. Democracy of Moldova 04.08.2020 (app. no, 38639/14) see here SUMMARY Cancellation of building purchase and sale and peaceful enjoyment of property. Cancellation of the purchase and sale of a building on the grounds that it belonged to the public sector. A refund was ordered to the applicant, but the courts ruled that […]

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