CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 juin 2025
- ECLI
- ECLI:CEDH:001-244023
- Date
- 5 juin 2025
- Publication
- 5 juin 2025
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s4BAE41EE { font-family:Arial; font-size:11pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } Published on 23 June 2025   FOURTH SECTION   Application no.   13670/24 Oleksandr Viktorovych SERDECHNYY against Russia and 21 other applications (see table appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 5 June 2025, the Court decided, under Rule   54 §   2   (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. It is to be noted that the issue of jurisdiction over the area where the incidents giving rise to the complaints allegedly took place is currently under consideration and will be decided by the Grand Chamber of the Court in the case of Ukraine and the Netherlands v.   Russia (applications nos.   8019/16, 43800/14, 28525/20 and 11055/22). The Grand Chamber’s finding will then be applied in these individual cases. In some applications, other complaints were raised. Their examination has been adjourned, or they have been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24   §   2 of the Convention. In the enclosed table, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47   §   4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s Apply to the Court - other languages - ECHR - ECHR / CEDH . SUBJECT MATTER The applications concern complaints raised under Article 1 of Protocol No.   1 and Article   13 of the Convention relating to damage, destruction and/or continuous lack of access to property arising from the conflict between Russia and Ukraine and the lack of any effective remedy in domestic law which are the subject of well-established case law of the Court (see Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16 and 2 others, 30   November 2022).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 1 of Protocol No. 1 and Article   13 of the Convention (damage, destruction and/or continuous lack of access to property arising from the conflict between Russia and Ukraine and the lack of any effective remedy in domestic law) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Property allegedly damaged (description and location) Dates / Period when damage occurred and when the applicant learned about it Evidence provided (photos, property certificate, etc.) Level of damage Other complaints under well ‑ established case-law     13670/24 27/06/2022 Oleksandr Viktorovych SERDECHNYY 1963       Private house (126.5 sq. m) at 11D Hostomel Rd, Hostomel, Kyiv region Allegedly destroyed as a result of fire caused by artillery shelling on 07/03/2022. On 30/03/2022 the applicant lodged an online application about damaged property via the DIIA website (DIIA stands for “ Держава і я ” – “The State and Me”; it is a digital platform that provides a wide range of state services for citizens and businesses online). The applicant’s passport with a residence stamp for the house; title document (extract from the real estate register dated 28/09/2018); photos of the house before the damage; photos of the damaged house (burnt roof, first floor and stairs; signs of fire on the outside walls and terrace); fire report dated 09/06/2022; copy of the online application about damaged property lodged via the DIIA site on 30/03/2022. damage Art. 8 (1) - interference with the right to home - the house in question was the applicant’s home as confirmed by his passport registration stamp made on 18/09/2020 and photos taken prior to the destruction of the house, depicting elements of his everyday life.     13826/24 04/07/2022 Iryna Renativna TSYTSKUN 1976   Oleksandr Mykhaylovych TSYTSKUN 1971       Apartment no. 9 (103.7 sq. m) at 3 Malovnychyi Ln., Hostomel, Kyiv region Allegedly destroyed by artillery shelling on 05/03/2022. On 20/04/2022 Ms Tsytskun lodged a complaint with the Kyiv Regional Prosecutor’s Office. On 26/05/2022 Mr Tsytskun lodged a complaint with the Ukrainian police.   The applicants’ passports with a residence stamp for the apartment; title documents (joint ownership - extract from the real estate register dated 19/10/2016); photos of the apartment prior to its destruction; photos of a destroyed apartment building; photos of the destroyed apartment (burnt roof, ground and first floors burnt down); letter from the Bucha District Prosecutor’s Office dated 18/05/2022; police reports dated 18/05/2022 and 27/06/2022; fire report dated 16/06/2022; expert evaluation report dated 28/06/2022; receipts/bills confirming the applicants’ expenses in refurbishing and furnishing the apartment before its destruction. complete destruction Art. 8 (1) - interference with the right to home - the apartment in question was the applicants’ home as confirmed by their passport registration stamps and photos of the apartment prior to its destruction depicting elements of their everyday life with family members.     18466/24 30/06/2022 Ganna Yakivna POTAPENKO 1954       Apartment no. 9 (64.3 sq. m) at 2A Bohdana Khmelnytskoho (former Kirova) St, Hostomel, Kyiv region Allegedly damaged by a missile strike on 06/03/2022. The applicant’s passport with a residence stamp for the apartment; title documents (ownership certificate dated 13/04/1994 - 1/4 share in the apartment); photos of a damaged apartment (damaged windows, balcony and door); inspection report by Hostomel Settlement Council dated 26/05/2022; IDP certificate dated 01/04/2022. damage Art. 8 (1) - flight from one’s home as a result of the conflict between Russia and Ukraine - the applicant complained that she had been forced to flee her home in Hostomel, Kyiv region, after 24/02/2022, and relocate to Hostroluchchia, Kyiv region (IDP certificate dated 01/04/2022).     20578/24 27/06/2022 Viktoriya Oleksandrivna ALESINKOVA 1980       Apartment no. 138 (65.7 sq. m) at 73-B/6 Sviato-Pokrovska St, Hostomel, Kyiv region Allegedly damaged by artillery shelling on 05/03/2022. On 30/05/2022 the applicant lodged a complaint with the Ukrainian police. The applicant’s passport; title documents (purchase agreement dated 21/12/2021, extract from the real estate register dated 22/12/2021); photos of the apartment before the damage; photos of the damaged apartment (broken windows, broken wall, broken door, damaged ceiling); police report dated 30/05/2022. damage       22796/24 29/07/2022 Tetyana Andriyivna FROLOVA 1954       Private house (81.6 sq. m) at 4A Chumatskyi Shliakh (former Shchorsa) St, Hostomel, Kyiv region Allegedly damaged by artillery shelling in March 2022. On 25/04/2022 the applicant lodged a complaint with the Ukrainian police. The applicant’s passport; title document (ownership certificate dated 27/11/2007); photos of the damaged house (a hole in the wall, room covered in rubble); inspection report by the Hostomel Settlement Council dated 24/05/2022; police report dated 07/07/2022. damage       23554/24 08/07/2022 Viktor Ivanovych SHKURA 1977       Apartment no. 5 (101.7 sq. m) at 5 Malovnychyi Ln., Hostomel, Kyiv region Allegedly destroyed by artillery shelling on 05/03/2022. The applicant discovered the destruction on 10/04/2022. On 14/05/2022 the applicant lodged a complaint with the fire department, and on 08/07/2022 – with the General Prosecutor’s Office of Ukraine.   The applicant’s passport; title document (extract from the real estate register dated 08/01/2018); photos of the apartment prior to its destruction; photos of the destroyed apartment (destroyed roof, entirely destroyed one side of the building, signs of fire); fire report dated 14/05/2022; copy of the complaint lodged with the General Prosecutor’s Office of Ukraine dated 08/07/2022; IDP certificate dated 06/04/2022; receipts. complete destruction Art. 8 (1) - flight from one’s home as a result of the conflict between Russia and Ukraine - the applicant complained that he had been forced to flee his home in Hostomel, Kyiv region, after 05/03/2022, and relocate to the Sumy region (IDP certificate dated 06/04/2022).     24334/24 01/07/2022 Olena Volodymyrivna GENZEL 1980       Apartment no. 7 (103.1 sq. m) at 3 Malovnychyi Ln., Hostomel, Kyiv region Allegedly destroyed by artillery shelling on 05/03/2022. On 26/05/2022 the applicant lodged a complaint with the Ukrainian police. The applicant’s passport with a residence stamp for the apartment; title documents (purchase agreement and extract from the real estate register dated 11/04/2017 (the applicant owns ½ share in the apartment)); photos of the destroyed apartment (fully burnt walls and roof); list of the applicant’s possessions in the apartment with the price for each item; police report dated 27/05/2022; fire report dated 16/06/2022. complete destruction Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by her passport registration stamp and statements.     25693/24 02/07/2022 Nadiya Vyacheslavivna TARGONIY 1996       Apartment no. 2 at 1 Proskurivska St, Hostomel, Kyiv region Allegedly destroyed by artillery shelling in March 2022. The applicant’s passport with a residence stamp for the apartment; title documents (ownership certificate dated 06/05/2009 (the applicant owns 1/3 share in the apartment); photos of the destroyed apartment building with signs of fire; fire report dated 30/05/2022; certificate from the Hostomel Settlement Council confirming the destruction of the apartment dated 16/06/2022. complete destruction Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by her passport registration stamp and statements.     27845/24 24/06/2022 Oleksandr Viktorovych SLIPENKO 1988       Private house (266 sq. m) at 15A Irpinska St, Hostomel, Kyiv region Allegedly damaged by artillery shelling on 07/03/2022. On 14/04/2022 the applicant lodged a complaint with the Kyiv Regional Prosecutor’s Office. The applicant’s passport; title document (extract from the real estate register dated 22/03/2019); photos of the damaged house (damaged ceiling, damaged doors, damaged interior walls, broken windows, damaged exterior walls, shrapnel damage to exterior walls and to metal fencing); police report dated 14/04/2022; inspection report by the local police dated 04/06/2022. damage     28132/24 14/07/2022 Olena Mykolayivna PAPEZHUK 1973       Apartment no. 10 (105.6 sq. m) at 1A Malovnychyi Ln., Hostomel, Kyiv region Allegedly destroyed on 05/03/2022. On 22/06/2022 the applicant lodged a complaint with the Investigative Committee of the Russian Federation. The applicant’s passport with a residence stamp for the apartment; title document (purchase agreement dated 01/11/2016); photos of the apartment prior to its destruction; photos of the destroyed building; police report dated 24/06/2022; screenshot of the online application submission to the Investigative Committee of the Russian Federation lodged on 22/06/2022. complete destruction Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by her passport registration stamp and photos of the apartment prior to its destruction depicting elements of her everyday life with family members.   28291/24 27/06/2022 Oleg Yosypovych GURYK 1984       Private house (89.7 sq. m) at 53A Myslyvska St, Hostomel, Kyiv region Allegedly destroyed by fire caused by artillery shelling on 25/03/2022. On 19/04/2022 the applicant lodged a complaint with the Ukrainian police. The applicant’s passport with a residence stamp for the house; title document (extract from the real estate register dated 19/09/2019); photos of the destroyed house (destroyed to the ground with only walls left standing, signs of fire); fire report dated 17/06/2022; police report dated 23/06/2022. complete destruction Art. 8 (1) - flight from one’s home as a result of the conflict between Russia and Ukraine - the house in question was the applicant’s home as confirmed by his passport registration stamp and statements.   28385/24 04/07/2022 Yuliya Grygorivna BODNAR 1997       Apartment no. 62 (62.1 sq. m) at 73E Sviato-Pokrovska St, Hostomel, Kyiv region Allegedly damaged as a result of artillery shelling on 10/03/2022. Title document (purchase agreement dated 17/03/2017); photos of the apartment before the damage; photos of the damaged apartment (broken windows and entrance door, damaged ceiling, floor, sewage system, and external walls). damage     28731/24 23/06/2022 Olena Mykolayivna IVANCHUK 1988       Private house (119.3 sq. m) at 9G Patriotiv St, Hostomel, Kyiv region Allegedly damaged on 05/03/2022. On 20/04/2022 the applicant lodged a complaint with the Ukrainian police. The applicant’s passport; title document (extract from the real estate register for the house and a land plot dated 20/02/2020); photos of the damaged house (shrapnel damage to walls, broken windows, damaged load-bearing walls, ceiling and doors, destroyed house cladding and some external walls, damaged furniture); police report dated 20/04/2022. damage     30504/24 25/06/2022 Illya Sergiyovych KRAVCHENKO 1990       Apartment no. 24 (45.2 sq. m) at 10 Proskurivska St, Hostomel, Kyiv region Allegedly destroyed on 31/03/2022. The applicant’s passport; title document (extract from the real estate register of 31/08/2017); photos of the completely destroyed residential building (destroyed to the ground level with few walls left standing); fire report dated 30/05/2022. complete destruction     34235/24 19/07/2022 Andriy Vasylyovych KOLOMIYETS 1970   Ruslan Valeriyovych TANTSYURA 1968   Oleksandr Stanislavovych TARAN 1969       Non-residential building (1,068 sq. m) at 68A Sviato-Pokrovska St, Hostomel, Kyiv region Allegedly damaged during the fighting in February-March 2022. The applicants discovered the damage upon the liberation of Hostomel in April 2022. On 20/04/2022 the applicants lodged complaints with the Ukrainian police. The applicants’ passports; title documents (Mr Kolomiyets and Mr Tantsyura - 1/3 share in the property each, purchase agreements dated 19/03/2004 and 26/09/2007, extracts from the real estate register dated 26/09/2007 and 08/11/2007; Mr Taran - 1/3 share in the property, purchase agreement dated 19/03/2004 and extract from the real estate register dated 23/03/2022); photos of the damaged building (destroyed roof, signs of fire and rubble inside); police reports dated 20/04/2022 (Mr Tantsyura and Mr Taran) and 09/05/2022 (Mr Kolomiyets). damage     35874/24 05/07/2022 Maryna Sergiyivna MOROKHOVETS 1985       Apartment no. 6 (100.3 sq. m) at 5 Malovnychyi Ln., Hostomel, Kyiv region Allegedly destroyed on 05/03/2022. On 07/05/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport with a residence stamp for the apartment; title document (extract from the real estate register dated 16/06/2018); photos of the apartment before the destruction, depicting family members; photos of the heavily damaged apartment building and the destroyed apartment (destroyed roof, signs of fire on the exterior walls, completely burnt down inside); fire report dated 14/05/2022; police reports dated 27/06/2022 and 01/07/2022; receipts for the purchase of furniture and electrical appliances. complete destruction Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by her passport registration stamp and photos of the apartment prior to its destruction depicting elements of her everyday life with family members.   36051/24 05/08/2022 Oleg Mykolayovych ROGOVETS 1979       Private house (135.2 sq. m) at 2A Soniachnyi Ln., Hostomel, Kyiv region Allegedly destroyed in March 2022. On 16/06/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport with a residence stamp for the house; title documents (ownership certificate and extract from the real estate register dated 10/11/2015 (house), deed of gift and extract from the real estate register dated 20/12/2014 (land plot), technical passport); photos of the house before its destruction; photos of the destroyed house (destroyed roof, burned interior); fire report dated 23/05/2022; certificate from the Hostomel Settlement Council confirming the destruction of the house dated 21/06/2022; inspection report dated 12/07/2022; police report dated 17/06/2022. complete destruction Art. 8 (1) - interference with the right to home - the house in question was the applicant’s home as confirmed by his passport registration stamp and statements.   36360/24 16/07/2022 Olga Yuriyivna SHYLOVA 1978   Yuliya Valentynivna Shcherbak Tarashcha Kyiv region Apartment no. 3 (100.5 sq. m) at 4 Malovnychyi Ln., Hostomel, Kyiv region Allegedly destroyed by artillery shelling between 17/03/2022 and 22/03/2022. On 13/07/2022 the applicant’s lawyer lodged a complaint with the Ukrainian police. The applicant’s passport with a residence stamp for the apartment; title documents (purchase agreement and extract from the real estate register dated 18/09/2018); photos of the destroyed apartment (destroyed to the ground level with few walls left standing); screenshot of the online application about damaged property lodged via the DIIA site on 03/04/2022; copy of the document containing a national identification number (PESEL) issued in Poland on 06/06/2022; expert evaluation report dated 08/07/2022; copy of the complaint to the Ukrainian police, along with evidence of its dispatch on 13/07/2022. complete destruction Art. 8 (1) - flight from one’s home as a result of the conflict between Russia and Ukraine - the applicant complained that she had been forced to flee her home in Hostomel, Kyiv region, on 25/02/2022, and relocate to Poland (copy of the document containing a national identification number (PESEL) issued in Poland on 06/06/2022).   36460/24 29/06/2022 Myroslava Tarasivna YAKYMCHUK 1988       Private house (37.9 sq. m) at 8 Ostromyrska St, Hostomel, Kyiv region Allegedly damaged by mortar and aerial strikes on 27/02/2022. On 11/05/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport with a residence stamp for the house; title documents (purchase agreement and extract from the real estate register dated 12/11/2019 – 2/5 share in the house, technical passport dated 03/09/2019); photos of the damaged house (damaged roof, broken windows, damaged fence); police report dated 11/05/2022. damage     1277/25 25/08/2022 Bogdan Oleksandrovych ANDRIYCHUK 1993       Apartment no. 4 (100 sq. m) at 4 Malovnychyi Ln., Hostomel, Kyiv region Allegedly destroyed by artillery shelling and aerial strikes on 18/03/2022.   On 07/05/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport; title documents (purchase agreement and extract from the real estate register dated 02/03/2018); photos of the apartment before the destruction; photos of the destroyed apartment (burned inside); inspection report dated 09/05/2022; fire report dated 24/05/2022; certificate from the Hostomel Settlement Council confirming the destruction of the apartment dated 30/06/2022; police report dated 30/06/2022. complete destruction     1495/25 06/07/2022 Valentyna Ivanivna SHCHERBAK 1959       Private house (237.2 sq. m) at 70 Dachna St, Hostomel, Kyiv region Allegedly destroyed by artillery shelling on 20/03/2022. On 07/06/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport; title document (extract from the real estate register dated 13/11/2015); photos of the destroyed house (destroyed to the ground level); police report dated 07/06/2022. complete destruction     2953/25 28/08/2022 Vyacheslav Leonidovych LESIN 1957       Car service facility (1,387 sq. m) at 75 Kulishova St, Hostomel, Kyiv region Allegedly destroyed by artillery shelling between 24/02/2022 and 31/03/2022. On 20/05/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport; title document (ownership certificate for the car service facility dated 30/01/2012); photos of the damaged building (destroyed roof and top floor, interior burned down); police report dated 19/08/2022. complete destruction    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 5 juin 2025
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-244023
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- Texte intégral
- Résumé officiel