Tkachevy v. Russia: a case concerning eviction from a flat near Kremlin

Next week on 14 February 2012 the ECHR will deliver its judgment in case of Tkachevy v. Russia (Application no. 35430/05) concerning alleged violation of Article 1 Protocol No. 1 (protection of property). The applicants are Russian nationals, husband and wife, who were born in 1957 and 1966 respectively and live in Moscow. In 2005 they were evicted from the flat that they owned. This flat was located in the historical area of Moscow on Znamenka Street, close to Kremlin. Allegedly Russian authorities decided to expropriate the building where the applicants’ flat was located in the public interest, namely: first, in order to expand the Moscow State Art Gallery and, second, due to disrepair of the building which made it dangerous for its residents to stay there.

Meanwhile, the applicants disagree with such reasoning given by the authorities and claim that this decision to expropriate the building was not genuine. Thus, one of the main reasons for their eviction from and subsequent expropriation of the flat was that the authorities planned to turn the building into a non-residential one. But in fact the building has become a luxury residence after its repair and now it is owned by a private entity.

As a result of this expropriation decision the applicants’ flat was replaced by another one. However, the applicants claim that this replacement flat is worse than their previous one, since it is dilapidated and located next to a busy railway station.

The detailed analyses of the Court’s judgment in this case will follow shortly.