CASE OF ZELENCHUK AND TSYTSYURA v. UKRAINE
Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 2 of Protocol No. 1 - Control of the use of property);Respondent State to take measures of a general character (Article 46-2 - General measures);Non-pecuniary damage - finding of violation sufficient (Article 41 - Non-pecuniary damage;Just satisfaction)
Ganna Yudkivska;Marko Bošnjak;Paulo Pinto De Albuquerque;Vincent A. De Gaetano;Georges Ravarani
6. The first applicant was born in 1947 and lives in Dolyna, a city in the Ivano-Frankivsk Region. In December 1996 her mother obtained a share of land in the village of Kopytkove in the Zdolbunivsky district of the Rivne region (see paragraphs 11 to 14 below concerning the nature of shares of land and their subsequent conversion into plots). Following her mother’s death in November 1999, the first applicant inherited that share and obtained a certificate confirming that she had become its new owner on 25 May 2000. On 10 January 2006 the Zdolbuniv District State Administration allocated a plot of land to her measuring 2.5917 hectares, zoned for use as an individual smallholding (особисте селянське господарство, see paragraph 18 below for a description of zoning categories of agricultural land under Ukrainian law). The applicant obtained a property certificate in respect of that land on 13 August 2007. She rented out 2.0917 hectares to a company under a lease registered on 30 May 2015 and due to expire on 10 November 2021, and 0.5 hectares to another company under a fifteen-year lease registered on 10 August 2016. According to the applicant, she receives rent in kind, either in grain or sunflower oil, depending on the crops grown on the land in a given year. 7. The second applicant was born in 1939 and lives in Ternopil. On an unspecified date his mother obtained the right to a share of land in the village of Rakovets in the Zbarazh district of the Ternopil region. In November 2004 he inherited it from her. On 27 March 2008 the Zbarazh District State Administration allocated 3.41 hectares of agricultural land to him, zoned for commercial agricultural production (товарне сілськогосподарське виробництво). He obtained a property certificate on 22 July 2008. The land is rented by a limited liability company. Since 2010 the second applicant has received rent in the following amounts: 8. The applicants’ land is subject to legislative restrictions on alienation and change of designated use, which are described in “Relevant domestic material” and, as regards their current state, in paragraph 22 below.