STEPANOVA v. RUSSIA - 7506/17 (Judgment : Article 1 of Protocol No. 1 - Protection of property : Third Section Committee) French Text [2019] ECHR 6 (08 January 2019)

STEPANOVA v. RUSSIA - 7506/17 (Judgment : Article 1 of Protocol No. 1 - Protection of property : Third Section Committee) French Text [2019] ECHR 6 (08 January 2019)

The Court found that although the seizure was legitimate and based on law, the domestic courts failed to examine the value of the seized property in relation to the alleged damage and possible fine, and did not provide sufficient reasoning or procedural safeguards. This resulted in a disproportionate burden and...

Source-derived case information.

Citation
[2019] ECHR 6
Parties
Applicant: Tatyana Nikolayevna Stepanova; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Protection of Property, Proportionality of Seizure, Fair Trial, Satisfaction Equitable
Human Rights Criminal Law Property Law Protection of Property Proportionality of Seizure Fair Trial Satisfaction Equitable

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Parties

Tatyana Nikolayevna Stepanova

Applicant

Federation of Russia

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the seizure of applicant's property violated Article 1 of Protocol No. 1 to the Convention
  2. 2 Whether judicial decisions on seizure were sufficiently reasoned under Article 6 § 1 of the Convention

Ratio Decidendi

The Court found that although the seizure was legitimate and based on law, the domestic courts failed to examine the value of the seized property in relation to the alleged damage and possible fine, and did not provide sufficient reasoning or procedural safeguards. This resulted in a disproportionate burden and violated Article 1 of Protocol No. 1.

Court Disposition

violation found

Orders

  • The respondent State must pay the applicant 2,000 EUR for non-pecuniary damage and 500 EUR for costs and expenses within three months, convertible at the applicable rate.
  • Amounts unpaid within the period will accrue simple interest at the ECB marginal lending rate plus three percentage points.