CASE OF GANEYEVA v. RUSSIA
Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for home)
Dmitry Dedov;Luis López Guerra
4. The applicant was born in 1986 and lives in Ufa. 5. On 26 December 2006 a new block of flats was commissioned by the Town of Ufa at 66/2, Ulitsa Kommunarov, Ufa. 6. According to the documents submitted by U. to state registration authorities, on 19 July 2010 the Ordzhonikidzevskiy District Court of Ufa recognised his title to the flat at 66/2-39, Ulitsa Kommunarov, Ufa. The state registration authorities registered U.’s title. 7. On 30 October 2010 U. sold the flat to M. On 22 November 2010 the state registration authorities registered the said transaction and M.’s title to the flat. 8. On 12 February 2011 Z., acting on M.’s behalf by virtue of the power of attorney, and the applicant signed a contract according to which A. sold the flat to the applicant. Z. and the applicant submitted the documents for the registration of the transaction and the transfer of the title to the flat to the applicant. 9. According to the applicant, she paid the amount due under the contract to Z. and moved into the flat while her application for the registration of the transfer of the title to the flat to her was still pending. 10. On an unspecified date a third party brought a civil action challenging U.’s sale of the flat to M. and the latter’s title to the flat. 11. On 28 February 2011 the Ordzhonikidzevskiy District Court of Ufa issued an injunction in respect of the transactions with the flat. 12. On 3 March 2011 the state registration authorities informed the applicant that her application for the registration of the transfer of the title to the flat could not be granted pending the outcome of the civil proceedings concerning the title to the flat. 13. On 24 December 2012 the Supreme Court of the Republic of Bashkortostan dismissed the third party’s claims in respect of the flat in full. 14. On an unspecified date the Housing Foundation of the Republic of Bashkortostan brought a civil claim seeking, inter alia, the invalidation of M.’s title to the flat and the applicant’s eviction. 15. On 23 August 2013 the District Court granted the claims in full. It invalidated the purchase of the flat by M. and ordered the applicant’s eviction. The court considered that the applicant had not acquired the title to the flat and had no legal basis for moving into the flat and residing there. 16. On 7 November 2013 the Supreme Court of Republic of Bashkortostan upheld the judgment of 23 August 2013 on appeal. 17. On 12 May 2014 the Supreme Court rejected the applicant’s cassation appeal. 18. On 28 August 2014 the Supreme Court of the Russian Federation rejected the applicant’s second cassation appeal. 19. On an unspecified date the applicant asked the District Court to stay the eviction proceedings. She submitted that the flat had been her only place of residence and that, in view of her financial situation, she was unable to buy or rent another flat. On 24 March 2014 the District Court stayed the eviction proceedings for three months. 20. On 24 February 2015 the applicant was evicted.