CEDH · CASELAW;COMMUNICATEDCASES;ENG — 21 juin 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase }   Communicated on 21 June 2018   FIFTH SECTION Application no. 44733/13 Tahir Shirin oglu KAZIMOV against Azerbaijan lodged on 2 June 2013 SUBJECT MATTER OF THE CASE The application concerns the alleged unlawful and unjustified refusal by the State Registry of Real Estate of the applicant’s application for a plan ‑ scheme, a document which was required for privatisation of the plot of land in his lawful use on the basis of an occupancy voucher. QUESTIONS tO THE PARTIES 1.     Has there been an interference with the applicant’s peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol   No.   1? If so, was that interference subject to the conditions provided for by law and necessary to control the use of property in accordance with the general interest?   2.     Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the applicant’s right to a reasoned judgment respected?   3.     Has there been a breach of the applicant’s right of access to court, as guaranteed by Article 6 of the Convention? In particular, was the quashing of the final and enforceable judgment of the first-instance court by the appellate court upon the allegedly belated appeal of the other party compatible with the principle of legal certainty?