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WyrokETPCz2014-02-06

Analiza orzeczenia

Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.

Zagadnienie prawne
Czy nadzwyczajne uchylenie ostatecznego nakazu restytucji mienia, wiele lat po jego wydaniu, naruszyło prawo do poszanowania mienia z art. 1 Protokołu nr 1 do Konwencji?
Stan faktyczny
Skarżący, Aleksandar Vikentijevik, w 2000 r. wszczął postępowanie restytucyjne dotyczące mienia należącego do firmy, której udziałowcem był jego zmarły dziadek, a które zostało skonfiskowane po II wojnie światowej. We wrześniu 2000 r. Komisja Restytucyjna Ministerstwa Finansów uwzględniła jego roszczenia i nakazała przywrócenie mu posiadania części gruntów, budynków oraz akcji w ramach rekompensaty. Następnie, na wniosek Prokuratora Generalnego, powołującego się na wady w postępowaniu restytucyjnym, Komisja Restytucyjna uchyliła nakaz restytucji. Decyzja ta została ostatecznie podtrzymana przez Sąd Najwyższy w marcu 2007 r., a sprawa została przekazana do ponownego rozpatrzenia. Odnowione postępowanie restytucyjne jest nadal w toku.
Rozstrzygnięcie
Stwierdza brak naruszenia art. 1 Protokołu nr 1.

Pełny tekst orzeczenia

issued by the Registrar of the Court   ECHR 037 (2014)   06.02.2014   Judgments concerning “The former Yugoslav Republic of Macedonia”, Greece   and Russia   The European Court of Human Rights has today notified in writing the following four judgments, of   which one (in italics) is a Committee judgment and is final. The others are Chamber judgments1 and   are not final.   One length-of-proceedings case, with the Court’s main finding indicated, can be found at the end of   the press release. The judgments in French are indicated with an asterisk (*).   Vikentijevik v. “The former Yugoslav Republic of Macedonia” (application   no. 50179/07)   The applicant, Aleksandar Vikentijevik, is a Macedonian national who was born in 1941 and lives in   Skopje (“The former Yugoslav Republic of Macedonia”). The case concerned the extraordinary   quashing of a final order for the restitution of property given in his favour. Mr Vikentijevik brought   restitution proceedings in 2000 in respect of property belonging to a company of which his late   grandfather had been a shareholder and which had been confiscated after the Second World War. In   September 2000, the Restitution Commission of the Ministry of Finance accepted his claims and   decided to restore to his possession some land belonging to the company as well as certain buildings   and shares in compensation for confiscated property. Following a request by the Solicitor General,   referring to defects in the restitution proceedings, the Restitution Commission quashed the   restitution order, in a decision eventually upheld by the Supreme Court in March 2007, and remitted   the case for re-examination. The renewed restitution proceedings are still pending. Mr Vikentijevik   complained that the quashing of the restitution order, years after its adoption, had breached his   rights under Article 1 (protection of property) of Protocol No. 1 to the European Convention on   Human Rights.   No violation of Article 1 of Protocol No. 1   Semikhvostov v. Russia (no. 2689/12)   The applicant, Aleksandr Semikhvostov, is a Russian national who was born in 1965 and lives in the   Leningrad Region (Russia). In February 2001, he was convicted of torture and manslaughter and   sentenced to 13 and a half years’ imprisonment. After having initially served his sentence in other   facilities, he was transferred to correctional facility IK-11 in the Mordoviya Republic in January 2010,   where he stayed until his release in January 2013. Being paralysed from the waist down and   confined to a wheelchair, Mr Semikhvostov alleged that the premises of that facility were unsuitable   for his condition. In particular, he stated: that the toilets were not accessible for disabled people, so   that he had to ask other inmates for help to use them; that he needed assistance to use the   bathhouse; that during the last year of his detention he could not take exercise outside, as he could   not get into his wheelchair without assistance; and, that during this latter period his wheelchair had   Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a judgment’s   delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five   judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final   judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,   judgments delivered by a Committee are final.   Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.   Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution   been taken away from him in the dormitory for security reasons. Mr Semikhvostov complained that   those detention conditions had been in breach of Article 3 (prohibition of inhuman or degrading   treatment) of the Convention. Relying on Article 13 (right to an effective remedy), he further   complained that he did not have an effective remedy at national level in respect of those complaints.   Violation of Article 13   Violation of Article 3 (inhuman and degrading treatment)   Just satisfaction: 15,000 euros (EUR) (non-pecuniary damage) and EUR 1,150 (costs and expenses)   Zimin v. Russia (no. 48613/06)   The applicant, Vladimir Zimin, is a Russian national who was born in 1972 and lives in Ulyanovsk   (Russia). The case concerned his pre-trial detention. After having been appointed as liquidator of an   insolvent company in December 2002, Mr Zimin was charged, in March 2006, with fraudulent   trading during the insolvency proceedings and with embezzlement. The regional authorities were   unable to locate him, but he was eventually arrested in Moscow in April 2006 and transferred to   Ulyanovsk, where he was subsequently placed in pre-trial detention. His appeals against his   detention were unsuccessful and he remained in pre-trial detention until his conviction of fraudulent   trading – the embezzlement charge having been dropped – in December 2006. Relying in substance   on Article 5 § 3 (right to liberty and security – entitlement to trial within a reasonable time or to   release pending trial), Mr Zimin complained that his pre-trial detention had been unreasonable,   in particular since it had not been based on relevant and sufficient reasons.   No violation of Article 5 § 3   Length-of-proceedings case   In the following case the applicants complained in particular, under Article 6 § 1 (right to a fair   hearing within a reasonable time), about the excessive length of non-criminal proceedings.   Gletsos v. Greece (no. 58572/10)*   Violation of Article 6 § 1   Violation of Article 13   This press release is a document produced by the Registry. It does not bind the Court. Decisions,   judgments and further information about the Court can be found on www.echr.coe.int. To receive   the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter   @ECHR_Press.   Press contacts   [email protected] | tel: +33 3 90 21 42 08   Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)   Nina Salomon (tel: + 33 3 90 21 49 79)   Denis Lambert (tel: + 33 3 90 21 41 09)   Jean Conte (tel: + 33 3 90 21 58 77)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member   States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   2

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło