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Crimea beyond rules. Issue №6 Occupied property.

More than 6 years have passed since the release of the second issue of the Thematic Review «Crimea beyond Rules», devoted to the observance by the Russian Federation, as an Occupying Power, of the rights of owners of property located on the territory of the Autonomous Republic of Crimea and the city of Sevastopol. A series […]

Issue №2 Right to property

Crimea beyond rules. Issue №2. Right to property Spreading of the Russian Federation legislation on the territory of Crimean peninsula led on numerous violations of human rights, especially in part of proprietary. Violation of proprietary by the occupation authorities exists in such forms: requirements for mandatory re-registration of property for various real estate operations; refusal […]

Nationalization.

The subject of protection of property rights could be raised at the international level only at the European Court of Human Rights. International Covenant on Civil and Political Rights does not contain any provisions which would repeat the provisions of Article 1 of the First Protocol to the European Convention. At the same time, such […]

Blocking of bank accounts.

By the Resolution of the National Bank of Ukraine № 699 of 3 November 2014 everyone who had registered the place of residence (in common parlance – registration) in Crimea and Sevastopol, as well as enterprises registered in this territory, were equated to non-residents. This greatly limited the access of Crimean residents to banking services. […]

Contestation by judicial procedure of the legality of the state or municipal property privatization.

Often, to legitimize the seizure of property acquired before the occupation authorities resort to a judicial procedure. However, such claims are often imposed after a suﬃciently long period of time. Representation of interests in such cases is performed by the prosecutor’s oﬃce. Such situations are most common in cases of privatization of land or other […]

Ukrainian legislation does not provide for extra-judicial mechanism for registration of inheritance rights, if a hereditary case was opened before the start of the occupation, but the certiﬁcate had not been issued according to the legislation of Ukraine.

This situation on its own cannot be qualiﬁed as a violation of property rights. However, here we observe the signs of discrimination when in order to protect one’s rights the heir has to resort to more complex (judicial) procedure, whereas all who did not submit an application for acceptance of inheritance before the beginning of […]

Demolition of unauthorized constructions

The prospects for cases in this category depend on the factual circumstances. According to reports in mass media there were demolished both houses where the owners actually lived and buildings made in order to “stake out” a landplot (the so-called “makeshift huts” ). It is also important for how long this construction existed and the […]

The nationalization of the property of legal entities.

All legal entities registered on the territory of Crimea and Sevastopol are subject to mandatory registration in accordance with Russian law. In some cases, under the pretext of a formal inconsistency of the submitted documents the authorities of the Russian Federation denied to re-register certain legal entities. Subsequently, the property of these legal entities was […]

Problems movement of property on the peninsula.

Many people and legal entities faced diﬃculties while evacuating their property from the occupied territory to the mainland Ukraine or vice versa while moving the property to the peninsula. The Russian authorities extended the state border regime to the Crimean isthmus starting from 1 April 2014. The Ukrainian authorities deny the fact that the state […]

Individuals who have made bail as a security in criminal proceedings are now deprived of the opportunity to get their money back.

Individuals who have made bail as a security in criminal proceedings are now deprived of the opportunity to get their money back. Russian authorities refer to the fact that these funds were deposited in the special account access to which was closed by the Ukrainian authorities soon after Crimea was declared the Russian territory. The […]

As a result of the occupation of the Crimean Peninsula by the Russian Federation starting from 1 April, 2014 in Crimea and Sevastopol the Ukrainian legal environment was replaced by the Law of Russia

As a result of the occupation of the Crimean Peninsula by the Russian Federation starting from 1 April, 2014 in Crimea and Sevastopol the Ukrainian legal environment was replaced by the Law of Russia (see “The Federal Constitutional Law of 21.03.2014 No. 6 -FKZ “On acceptance of the Republic of Crimea into the Russian Federation […]

The authorities destroyed market Kozlov Street in Simferopol

On 6 July 2015 the authorities destroyed the market in the Kozlov Street in Simferopol. Implementation of this action took place with the support of the police who cordoned oﬀ the area the night before so as none of the owners could even have the possibility to take out […]