CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 19 juin 2025
- ECLI
- ECLI:CEDH:001-244207
- Date
- 19 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 } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; 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 } Published on 7 July 2025   FOURTH SECTION Application no.   54975/22 Mariya Mykolayivna KHOMENKO and Others against Russia and 21 other applications (see table appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 19 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 website . 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     54975/22 26/10/2022 Mariya Mykolayivna KHOMENKO 1985   Roman Volodymyrovych BUZIVOK 1989   *** Arseniy Romanovych BUZIVOK 2015   Artur Romanovych BUZIVOK 2013   (these applicants are not owners of the apartment in question)   Olena Yevgeniyivna Sapozhnikova Kyiv Apartment no. 202 (72.4 sq. m) at 13 Hlybochytska St, Kyiv, Kyiv region Allegedly damaged as a result of repeated artillery shelling on 28/04/2022 and on 26/06/2022.   On 18/06/2022 and 30/06/2022 Ms Mariya Khomenko lodged online applications 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). On 19/10/2022 she lodged a complaint with the Ukrainian police. The applicants’ passports and birth certificates; marriage certificate dated 09/10/2015; title documents (joint ownership of Ms Mariya Khomenko and Mr Roman Buzivok – purchase agreement and extract from the real estate register dated 27/09/2019); photos of the apartment prior to its damage; photos of the damaged apartment (one wall destroyed, damaged windows, damaged ceiling, severely damaged balcony, damaged doors, everything covered in rubble); IDP certificates dated 17/03/2022 (Mr Artur Buzivok) and 28/03/2022 (Ms Khomenko); screenshots of the online applications submitted via the DIIA website on 18/06/2022 and 30/06/2022. damage Art. 8 (1) - flight from one’s home as a result of the conflict between Russia and Ukraine - Ms Khomenko complained that she and her son, Mr Artur Buzivok, had been forced to flee their home in Kyiv, Kyiv region, after 24/02/2022, and relocate to Mukachevo, Zakarpattya region (IDP certificates dated 17/03/2022 and 28/03/2022).   Art. 8 (1) - interference with the right to home - the apartment in question was the home of Mr Roman Buzivok and Mr Arseniy Buzivok, as confirmed by photos of the apartment prior to its destruction, showing its interior and elements of daily life, and the applicants’ statements.     9083/24 26/10/2022 Yevstafiy Volodymyrovych MAYTAPOV 1987   Valeriya Yuriyivna MAYTAPOVA 1986   ***   Elina Yevstafiyivna MAYTAPOVA 2014   (this applicant is not an owner of the apartment in question)   Olena Yevgeniyivna Sapozhnikova Kyiv Apartment no. 229 (86.6 sq. m) at 13 Hlybochytska St, Kyiv, Kyiv region Allegedly damaged as a result of repeated artillery shelling on 28/04/2022 and on 26/06/2022.   On 30/06/2022 Ms Valeriya Maytapova lodged an online application about damaged property via the DIIA website. On 28/06/2022 and 22/10/2022 she lodged complaints with the Ukrainian police.   The applicants’ passports and a birth certificate; marriage certificate dated 31/08/2013; title documents (joint ownership of Mr Maytapov and Ms Valeriya Maytapova – purchase agreement dated 29/09/2020, extract from the real estate register dated 29/09/2020); photos of the apartment prior to its damage; photos of the damaged apartment (destroyed wall in one of the rooms, severely damaged ceiling, damaged doors, damaged furniture, severely damaged apartment building); record of the scene inspection by the investigator dated 28/06/2022; police report dated 22/10/2022; screenshot of the online application submitted via the DIIA website on 30/06/2022; IDP certificates for Ms Elina Maytapova and Ms Valeriya Maytapova dated 13/04/2022. damage Art. 8 (1) - flight from one’s home as a result of the conflict between Russia and Ukraine - Ms Valeriya Maytapova complained that she and her daughter, Ms Elina Maytapova, had been forced to flee their home in Kyiv, Kyiv region, on 02/03/2022, and relocate to Uzhgorod, Zakarpattya region (IDP certificates dated 13/04/2022); they returned to Kyiv in August 2022;   Art. 8 (1) - interference with the right to home - the apartment in question was Mr Maytapov’s home, as confirmed by photos of the apartment prior to its destruction, showing its interior and elements of daily life, and the applicant’s statements.     21841/24 11/07/2022 Tayisiya Grygorivna KOROL 1951       Garage no. 352, garage no. 353 (21.6 sq. m) in garage cooperative “Zorianyi” at 161A Brovarskyi Ave., Kyiv, Kyiv region Allegedly damaged as a result of repeated artillery shelling on 24/02/2022, 28/02/2022, 22/03/2022, 17/04/2022. The applicant’s passport; title documents (extracts from the real estate register for both garages dated 12/02/2021, ownership certificates for both garages issued by the garage cooperative on 20/11/2020, technical passports for both garages); photos of the damaged garages (damaged metal doors, crack in the wall, damaged ceiling, shrapnel damage to the walls); witness statement dated 04/07/2022. damage       22037/24 16/07/2022 Rayisa Ivanivna KRAVCHENKO 1942       Apartment no. 56 (48.4 sq. m) at 4 Bohdana Havrylyshyna St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 16/03/2022. On the same day the applicant lodged a complaint with the Ukrainian police. The applicant’s passport; title document (ownership certificate dated 17/12/1998 – the applicant owns 1/5 share in the apartment); photos of the damaged apartment (damaged windows and doors); damage assessment report dated 06/06/2022; police report dated 14/07/2022. damage       22189/24 15/07/2022 Maryna Mykolayivna KULYK 1986       Apartment no. 208 (51.2 sq. m) at 14 Mostytska St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 15/03/2022. On 18/05/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport; residence registration certificate dated 29/12/2020; title document (extract from the real estate register dated 29/08/2013); photos of the damaged apartment (damaged balcony and windows, personal items in disarray, shrapnel damage to the walls and ceiling, broken doors); inspection report of the apartment building dated 28/03/2022; police report dated 18/05/2022. damage Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by her residence registration certificate and statements.     22547/24 23/06/2022 Sergiy Mykolayovych PRYMAK 1972       Apartment no. 68 (72.5 sq. m) at 3A Solomii Krushelnytskoi St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 17/03/2022.   On 30/03/2022 the applicant lodged an online application about damaged property via the DIIA website. The applicant’s passport with a residence stamp for the apartment; title document (purchase agreement dated 04/07/1997); photos of the damaged apartment (broken windows, broken doors, damaged furniture); screenshot of the online application submitted via the DIIA website on 30/03/2022. damage Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by his passport registration stamp and statements.     22630/24 13/07/2022 Valentyna Anatoliyivna KONONCHUK 1968       Apartment no. 96 (63.36 sq. m) at 20 Bohatyrska St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 14/03/2022. On 28/04/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport with a residence stamp for the apartment; title document (purchase agreement dated 18/01/1999); photos of the damaged apartment (destroyed wall, damaged balcony and doors, shrapnel damage to the walls, personal items in disarray, damaged windows); inspection report dated 02/05/2022; police report dated 12/07/2022. damage 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.     23092/24 27/06/2022 Yana Mykolayivna OSADCHA 1984       Apartment no. 152 (81.6 sq. m) at 23B Mezhova St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 18/03/2022. On 23/06/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport; title document (purchase agreement dated 14/07/2016); photos of the damaged apartment (broken windows, damaged window frames and doors); inspection report dated 15/04/2022; police report dated 23/06/2022. damage Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by the inspection report, police report and her statements.     23615/24 14/07/2022 Vitaliy Mykhaylovych CHEREPASHUK 1976       Apartment no. 46 (70.10 sq. m) at 3 Solomii Krushelnytskoi St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 17/03/2022. On 22/04/2022 the applicant lodged an online application about damaged property via the DIIA website. The applicant’s passport; title documents (purchase agreement dated 02/07/2013, extract from the real estate register dated 02/07/2013, technical passport dated 26/06/2013); photos of the damaged apartment (broken balcony, damaged windows and doors); screenshot of the online application submitted via the DIIA website on 22/04/2022. damage     24086/24 09/07/2022 Vyacheslav Andriyovych MATSEPA 1947   *** Yevgen Olegovych MATSEPA 1995   Oleg Vyacheslavovych MATSEPA 1973   (these applicants are not owners of the apartment in question)       Apartment no. 128 (71.3 sq. m) at 74 Irpinska St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 20/03/2022. On the same day Mr Oleg Matsepa lodged a complaint with the Ukrainian police. On 30/03/2022 Mr Yevgen Matsepa lodged an online application about damaged property via the DIIA website.   The applicants’ passports; title document (ownership certificate in respect of Mr Vyacheslav Matsepa who owns ½ share in the apartment dated 07/10/2003); photos of the damaged apartment (damaged ceiling and walls, damaged balcony, broken windows); police report dated 28/06/2022; screenshot of the online application submitted via the DIIA website on 30/03/2022; residence registration certificate dated 13/06/2019 (Mr Oleg Matsepa), 16/12/2021 (Mr Yevgen Matsepa), and 24/05/2022 (Mr Vyacheslav Matsepa). damage Art. 8 (1) - interference with the right to home - the apartment in question was the applicants’ home as confirmed by their residence registration certificates and statements.   24355/24 07/07/2022 Volodymyr Mykhaylovych FINOGYEYEV 1991       Apartment no. 38 (23.7 sq. m) at 80 Kotelnykova Mykhaila St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 15/03/2022. The applicant’s passport; title documents (purchase agreement and extract from the real estate register dated 13/05/2017); photos of the apartment prior to damage; photos of the damaged apartment (damaged balcony, broken windows, signs of fire in the kitchen, burned kitchen hood and ceiling, walls with signs of fire, personal items in disarray, heavily damaged furniture and appliances); police report dated 06/07/2022; receipts. damage Art. 8 (1) - interference with the right to home - the apartment in question was the applicant’s home as confirmed by photos of the apartment prior to damage, showing the interior of the apartment and elements of daily life with the applicant’s family members.   25783/24 27/07/2022 Olga Mykolayivna NOSOVA 1982       Apartment no. 76 (69 sq. m) at 74 Irpinska St, Kyiv, Kyiv region Allegedly damaged as a result of artillery shelling on 20/03/2022. On 18/07/2022 the applicant lodged a complaint with the Ukrainian police. The applicant’s passport with a residence stamp for the apartment; title document (ownership certificate dated 19/03/2017 – the applicant owns ¼ share in the apartment); photos of the damaged apartment building (broken windows, damaged ceiling on the balcony); police report dated 18/07/2022, IDP certificate dated 06/04/2022. 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 to flee her home in Kyiv, Kyiv region, and relocate to Krasyvka village, Zhytomyr region (IDP certificate dated 06/04/2022).   28011/24 13/07/2022 Alina Andriyivna KUZMICHOVA 1986       Apartment no. 41 (71.9 sq. m) at 7 Koshytsia St, Kyiv, Kyiv region Allegedly destroyed as a result of an air strike on 25/02/2022. Upon the applicant’s request, an inspection of the damaged apartment was conducted by a public utility company on 14/04/2022.   The applicant’s passport; title document (ownership certificate dated 20/10/2008 (the applicant owns 1/3 share in the apartment)); photos of the damaged apartment (destroyed balcony and window block, damaged walls and furniture, rooms covered in rubble, completely destroyed residential building, traces of burning and soot on the facade); inspection report dated 14/04/2022. complete destruction     28516/24 15/07/2002 Nataliya Yosypivna PARFENYUK 1960       Apartment no. 298 (51.2 sq. m) at 14 Mostytska St, Kyiv, Kyiv region Allegedly damaged by artillery shelling on 15/03/2022. On the same day the applicant lodged a complaint with the Ukrainian police. The applicant’s passport with a residence stamp for the apartment; title documents (ownership certificate in respect of ½ share in the apartment dated 27/11/1995, deed of gift of ½ share in the apartment dated 14/09/2018); photos of the damaged apartment (broken windows, broken door, cracks in the walls); inspection report dated 13/05/2022; record of the scene inspection by the investigator dated 13/05/2022; police report dated 13/07/2022. damage 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.   28520/24 15/07/2022 Nadiya Vsevolodivna ZAYTSEVA 1949       Apartment no. 50 (60.7 sq. m) at 6 Bohdana Havrylyshyna St, Kyiv, Kyiv region Allegedly damaged as a result of an air strike on 16/03/2022. On 11/07/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport with a residence stamp for the apartment; title document (ownership certificate dated 18/03/1999 – the applicant owns 1/3 share in the apartment); photos of the damaged apartment (cracked walls, damaged ceiling); inspection report dated 02/06/2022; police report dated 14/07/2022. damage 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.   28678/24 24/06/2022 Yuriy Volodymyrovych BORTOVSHCHUK 1983   Nataliya Oleksandrivna BORTOVSHCHUK 1984   (this applicant is not an owner of the apartment in question)       Apartment no. 70 (65.2 sq. m) at 18/6 Rodyna Kristeriv St., Kyiv, Kyiv region Allegedly damaged as a result of the blast wave from a missile strike on 20/03/2022. On 13/05/2022 Ms Bortovshchuk lodged a complaint with the Ukrainian police. The applicants’ passports with a residence registration stamp for the apartment; title document (extract from the real estate register dated 22/06/2021 (the apartment is owned by Mr Bortovshchuk)); photos of the damaged apartment (broken windows, damaged internal walls); police report dated 13/05/2022; inspection report dated 17/05/2022. damage 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 statements.   28724/24 22/06/2022 Svitlana Vasylivna IZMAN 1990       Apartment no. 205 (65.4 sq. m) at 18/6 Rodyna Kristeriv St., Kyiv, Kyiv region Allegedly damaged as a result of the blast wave from a missile strike on 20/03/2022. On 26/04/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport; title documents (purchase agreement dated 07/02/2019, extract from the real estate register dated 15/12/2020); photos of the damaged apartment (broken windows, damaged laminated flooring, ceiling, walls, furniture). damage     30239/24 08/09/2022 Rene SCHLEGEL 1963   Kostyantyn Likarchuk Kyiv Garden house (112.8 sq. m) at 5 Hazoprovidna St, Kyiv, Kyiv region Allegedly destroyed on 16/03/2022. The applicant, a Swiss citizen, became aware of the destruction on 11/08/2022 when his representative, acting under a power of attorney and following the applicant’s instructions, visited the site of the garden house.   Title documents (purchase agreement and extract from the state register of legal acts dated 29/05/2007, technical passport dated 21/10/2005); photos of the house on fire; extract from the register of pre-trial investigations dated 11/07/2022, confirming opening of criminal investigation into the attacks on civilian infrastructure (including the applicant’s house); power of attorney in respect of two Ukrainian representatives; memorandum on the procedural rights and obligations of the victim, issued by the local police and signed by the applicant’s representative on 11/08/2022. complete destruction     30876/24 15/07/2022 Olga Yuriyivna SERBUL 1979       Apartment no. 49 (47.2 sq. m) at 6 Bohdana Gavrylyshyna St, Kyiv, Kyiv region Allegedly damaged by a missile strike on 16/03/2022. On the same day 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 24/12/2015); photos of the damaged apartment (damaged ceiling, cracks in the wall, damaged windows, wallpaper torn off); inspection report dated 20/04/2022; record of the scene inspection by the investigator dated 12/07/2022; police report dated 14/07/2022. damage     32132/24 04/07/2022 Larysa Petrivna LESECHKO 1973       Apartment no. 17 (38.7 sq. m) at 3A Solomii Krushelnytskoi, Kyiv, Kyiv region Allegedly damaged on 17/03/2022. On the same day 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 24/10/2007); photos of the damaged residential building and apartment (broken windows, damaged walls and ceiling, damaged doors). damage     35257/24 20/07/2022 Lyudmyla Ivanivna IGNATENKO 1974   Nadiya Grygorivna IGNATENKO 1952       Apartment no. 88 (69.3 sq. m) at 74 Irpinska St, Kyiv, Kyiv region Allegedly damaged by missile strikes on 20/03/2022. On the same day Ms Nadiya Ignatenko lodged a complaint with the Ukrainian police. The applicants’ passports with a residence stamp for the apartment; title document (ownership certificate dated 06/02/2006 - each applicant owns 1/3 share in the apartment); photos of the damaged apartment and apartment building (broken windows, damaged balconies, shrapnel damage to the exterior walls, rooms covered in rubble), police reports dated 18/07/2022. damage 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 statements.   36225/24* 19/07/2022 Nataliya Vasylivna VOVNYANKO 1976       Apartment no. 159 (67.34 sq. m) at 74 Irpinska St, Kyiv, Kyiv region Allegedly damaged by a missile strike on 20/03/2022. On 18/07/2022 the applicant lodged a complaint with the Ukrainian police.   The applicant’s passport; title documents (ownership certificate dated 07/02/2000 with a stamp of the technical inventory bureau on the registration of the property rights on 22/02/2000 – the applicant owns ¼ share in the apartment); photos of the damaged apartment (damaged walls, doors, windows, and balcony); police report dated 18/07/2022. damage    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 19 juin 2025
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-244207
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