the family Odnodvortsev, for which fought “MK”, now has another chance to seek justice. The COP decided to establish a mechanism to review such judgments.
the Victory of the strong people are more important than weak, for the strong of go longer and farther. Family Odnodvortsev, which our analyst Olga Boguslavskaya was not written one time in a judicial essays (see “MK” No. 27216 from 29.09.2016, “MK” No. 27875 from 11.01.2019 g) reached the constitutional Court (CC). The COP took a historic decision, ruling to enshrine in law the mechanism for the review of judicial decisions rendered on the basis of standards previously recognized unconstitutional.
HELP “MK”. Recall that the reason for this event was the story of a family who were threatened to be on the street, which to date, six households: all four generations live in a 2 bedroom apartment on the Open highway.
the composition of the family: Vasily Grigoryevich — 95-year-old world War II veteran, his son with his wife (they are already retired), the family of the grandson great-grandson Matthew, who was born in 2005 and grew up in this apartment.
15 years ago Odnodvortsev sold its two apartments in Belgorod and the contract of purchase and sale of purchased housing in Moscow. They carefully checked the papers until the papers on privatization. That they become a victim of fraud, privatize an apartment on forged documents, the family learned at the end of 2008, when he received a summons from the district court, where the truth was revealed about this apartment.
the privatisation, which was conducted by state authorities, is repealed. The court on the basis of clause 1 of article 302 GK decided to evict the family from the ill-fated apartment.
Since then, the family for 12 years struggled through judicial and bureaucratic border, proving their right to shelter, 12 years old, they fought with officials who tried to evict them from the apartment and return of city property back.
Odnodvortsev did not surrender. While they appealed against the verdicts, the court in 2012 granted the family a stay of execution until 2013. They continued to live in the apartment: paid communal, did maintenance work.
in the meantime, the European Court of human rights (ECHR) is taking a number of important decisions. In 2011, the ECHR has protected the citizens – bona fide purchasers of housing, and indicated that there was a violation of article 8 of the Convention for the protection of human rights and fundamental freedoms and article 1 of Protocol No. 1 to the Convention: “the risk of any mistakes made by the state authority must be borne by the state and no errors should be eliminated at the expense of the person concerned” — bona fide owner (business “Gladysheva V. Russia”).
“Despite the fact that the decision of the constitutional Court of the Russian Federation dated 22.06.2017 No. 16-P (case of Dubovets) is how to interpret this ill-fated section 1 of article 302 of the civil code: public legal education cannot claim the property from bona fide purchaser, and that the mistakes and miscalculations of state bodies shall be fixed by the state, the case Odnodvortsev revised was not, — says member of the expert Council under Commissioner for human rights Svetlana Gladysheva. — This spring Odnodvortsev filed a complaint to the constitutional court, the result of their long struggle and was published on the website of the constitutional court Ruling Of 30 N from 26.06.2020, which should radically change the situation with the review of all such cases. The COP clearly said that since the entry into force of Decree No. 16-P/2017, the provisions of clause 1 of article 302 of the civil code shall be construed, enforced and interpreted only in the identified in this act of constitutional-legal sense. Key moment: unfulfilled or partially fulfilled the decisions of the courts, based on a different interpretation cannot be enforced. The COP reiterated that its decisions do not require confirmation by other agencies, and “implementation of the requirements of the constitutional court may not be subject to the discretion of any officials”.
Review of lawyer Gregory Viana:
— the Decision of the constitutional court in the case Odnodvortsev is fundamentally different from previous decisions of the COP that the COP for the first time obliged the legislator to establish a mechanism for the review of all similar cases, which applied the unconstitutional regulations. Still the decision of the COP is actually defending only those who apply there. Now, however, the right to a review should receive and those who own the COP did not, but also “suffered” from an unconstitutional law.
When the law is changed, other bona fide purchaser can cancel a court decision against them and to regain the right of ownership of housing. But to demand the termination of enforcement proceedings, i.e. eviction, they can without waiting for changes in the law, that is, now, it is enough to refer to the decision of the COP on the case Odnodvortsev. In addition, COP decisions will have retroactive effect on any similar cases with unexecuted court decisions.
