THIRD SECTION
\nCASE OF ARZHIYEVA AND TSADAYEVv. RUSSIA
\n(Applications nos. 66590\/10 and 3773\/11)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n13 November 2018<\/p>\n
FINAL
\n13\/02\/2019<\/p>\n
This judgment has become final under Article 44 \u00a7 2 of the Convention. It may be subject to editorial revision.<\/p>\n
In the case of Arzhiyevaand Tsadayevv. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Chamber composed of:<\/p>\n Vincent A. De Gaetano, President, Having deliberated in private on 16 October 2018,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in two applications (nos.\u00a066590\/10 and 3773\/11) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by two Russian nationals, Ms PatimatArzhiyeva (\u201cthe first applicant\u201d) and Mr\u00a0AkhmedTsadayev (\u201cthe second applicant\u201d), on 18\u00a0October and 2\u00a0December 2010 respectively.<\/p>\n 2.\u00a0\u00a0The first applicant, who was granted legal aid, was represented by Mr\u00a0V.V. Kulapov, a lawyer practising in Saratov. The Russian Government (\u201cthe Government\u201d) were represented by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.<\/p>\n 3.\u00a0\u00a0The applicants complained, in particular, of abreach of their right to property as a result of their inability to obtain compensation for the property lost during a counterterrorist operation in Chechnya.<\/p>\n 4.\u00a0\u00a0On 19 October 2015notice of the applications was given to the Government.<\/p>\n THE FACTS<\/strong><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n 5.\u00a0\u00a0Thefirst applicant was born in 1949 and lives in Strasbourg, France. The second applicant was born in 1984 and lives in Grozny, Chechnya, Russia.<\/p>\n 6.\u00a0\u00a0At the relevant time the applicants were residents of Grozny, Chechnya. Their property was damaged in the course of a counterterrorist operation in 1999-2000. The applicants did not pursue criminal remedies in order to determine the exact circumstances or identify the perpetrators of the damage. Instead, they sought to obtain no-fault compensation provided for by Government Decree no.\u00a0404 (see below). The applicants complied with the requirements for applying for the compensation and submitted the relevant documents. However, for administrative reasons their claims were not processed until September 2013. Their individual situations can be summarised as follows.<\/p>\n A.\u00a0\u00a0Application no. 66590\/10<\/strong><\/p>\n 7.\u00a0\u00a0The first applicant\u2019s flat was damaged during the hostilities in 1994\u20111995, and then destroyed in 1999-2000. It was situated in a 70-flat apartment block at 21 Tereshkova Street in Grozny, Chechnya.<\/p>\n 8.\u00a0\u00a0In March 2005 the first applicant submitted an application for administrative compensation to the Commission for compensation for lost property (\u041a\u043e\u043c\u0438\u0441\u0441\u0438\u044f\u043f\u043e\u0440\u0430\u0441\u0441\u043c\u043e\u0442\u0440\u0435\u043d\u0438\u044e\u0437\u0430\u044f\u0432\u043b\u0435\u043d\u0438\u0439\u0433\u0440\u0430\u0436\u0434\u0430\u043d\u043e\u043a\u043e\u043c\u043f\u0435\u043d\u0441\u0430\u0446\u0438\u043e\u043d\u043d\u044b\u0445\u0432\u044b\u043f\u043b\u0430\u0442\u0430\u0445\u0437\u0430\u0443\u0442\u0440\u0430\u0447\u0435\u043d\u043d\u043e\u0435\u0436\u0438\u043b\u044c\u0435\u0438\u0438\u043c\u0443\u0449\u0435\u0441\u0442\u0432\u043e, hereafter \u201cthe Commission\u201d). She received an acknowledgment of receipt of documents (no. 22\/9777).<\/p>\n 9.\u00a0\u00a0In April 2005 the Leninskiy District Court of Grozny confirmed the first applicant\u2019s title to property of flat no.\u00a025 in the destroyed apartment block at 21 Tereshkova Street.<\/p>\n 10.\u00a0\u00a0In 2007 the first applicant was registered as a person eligible for social housing because her flat had been destroyed during the hostilities. She was assigned number 742 in the waiting list; in February 2016 her number was 727.<\/p>\n 11.\u00a0\u00a0In June 2010 the applicant was informed that her application had not been examined by the Commission since the building in question had not been entered in the register of destroyed buildings. The register was to be updated by the technical unit of the Federal authority on construction and municipal services (\u0442\u0435\u0445\u043d\u0438\u0447\u0435\u0441\u043a\u0430\u044f\u0433\u0440\u0443\u043f\u043f\u0430\u0424\u0435\u0434\u0435\u0440\u0430\u043b\u044c\u043d\u043e\u0433\u043e\u0430\u0433\u0435\u043d\u0442\u0441\u0442\u0432\u0430\u043f\u043e\u0441\u0442\u0440\u043e\u0438\u0442\u0435\u043b\u044c\u0441\u0442\u0432\u0443\u0438\u0416\u041a\u0425\u043f\u043e\u0444\u043e\u0440\u043c\u0438\u0440\u043e\u0432\u0430\u043d\u0438\u044e\u043f\u0435\u0440\u0435\u0447\u043d\u044f\u0440\u0430\u0437\u0440\u0443\u0448\u0435\u043d\u043d\u043e\u0433\u043e\u0436\u0438\u043b\u044c\u044f\u043d\u0430\u0442\u0435\u0440\u0440\u0438\u0442\u043e\u0440\u0438\u0438\u0427\u0435\u0447\u0435\u043d\u0441\u043a\u043e\u0439\u0440\u0435\u0441\u043f\u0443\u0431\u043b\u0438\u043a\u0438, hereafter \u201cthe technical unit\u201d). However, in August 2005 the work of the technical unit had been put on hold and the list of destroyed housing has not been updated since that time. Hence, the first applicant\u2019s application has not been processed and no decision has been taken.<\/p>\n 12.\u00a0\u00a0The first applicant complained to a district court about the Commission\u2019s failure to act. On 12 August 2010 the Staropromyslovskiy District Court of Grozny rejected the first applicant\u2019s claim, pointing out that the Commission was unable to proceed in the absence of the corresponding entry in the register. On 7 September 2010 the Supreme Court of Chechnya upheld that judgment on appeal. The first applicant\u2019s subsequent attempts to obtain supervisory review were unsuccessful.<\/p>\n 13.\u00a0\u00a0In 2011 she was informed by the Commission\u2019s secretariat that the technical unit had not been operational since 2005 and that the Commission did not know whether or when it would restart its work.<\/p>\n 14.\u00a0\u00a0The first applicant instituted civil proceedings, seeking damages for the destroyed property directly from the Government of Chechnya. On21\u00a0March 2013 the Leninskiy District Court of Grozny rejected the first applicant\u2019s claim, referring to the expiry of the time-limit and the lack of legal grounds for such claims. On 28 May 2013 the Supreme Court of Chechnya upheld that decision, except the part referring to expiry of the limitation period. The Supreme Court stressed that compensation could not be paid because a new procedure for the payment of compensation was currently being devised.<\/p>\n B.\u00a0\u00a0Application no. 3773\/11<\/strong><\/p>\n 15.\u00a0\u00a0The second applicant owned flat no.\u00a012 in an apartment block at 53 Kavkazskaya Street, Grozny. The building was destroyed during the hostilities in 1999-2000.<\/p>\n 16.\u00a0\u00a0In November 2004 the second applicant applied to the Commission and his file was assigned number 02\/13975.<\/p>\n 17.\u00a0\u00a0In 2008 the applicant was registered as a person eligible for social housing because his flat had been destroyed during the hostilities. He was assigned number 1599 in the waiting list; in 2016 his number was 1579.<\/p>\n 18.\u00a0\u00a0In April 2010 he was informed that his application had not been examined by the Commission since the address in question had not been entered in the register of destroyed buildings.<\/p>\n 19.\u00a0\u00a0Thesecond applicant complained to a court. On 5 July 2010 the Staropromyslovskiy District Court of Grozny rejected his complaint since the Commission was unable to proceed in the absence of the technical unit\u2019s register. On 10 August 2010 the Supreme Court of Chechnya upheld the decision on appeal.<\/p>\n 20.\u00a0\u00a0The second applicant sought to obtain damages from the Government of Chechnya for the damaged property and for failure to compensate the damage by alternative means. His claim was dismissed for failure to comply with the limitation period in a judgment of the Leninskiy District Court of Grozny of 27 June 2013,upheld on appeal on 7 November 2013 by the Supreme Court of Chechnya.<\/p>\n C.\u00a0\u00a0Documents submitted by the parties after communication of the complaints<\/strong><\/p>\n 21.\u00a0\u00a0The Government submitted a letter issued by the Chechen Government on 13 January 2016, in response to a request for information in relation to the applicants\u2019 situation. The letter stated that the Commission had ceased to exist in January 2014. It had held a final meeting on 16\u00a0September 2013 and, according to the minutes of the meeting (no.\u00a061), had rejected all claims lodged by the owners of property which had not been entered in the register of destroyed buildings. Both applicants were in thatcategory. In respect of the first applicant, the letter stated thather house had been inspected by the technical unit, which had confirmed its destruction (without specifying the date or any reference to the inspection record); however, for unknown reasons the building had not been entered in the register. The second applicant\u2019s house had been inspected by the technical unit,whichhad found that it had not been destroyed (without specifying the date or any reference to the inspection record). The letter concluded by saying that all documents relevant to the individuals\u2019 claims for compensation had been transferred to the Chechnya Government Archives Service for storage. No additional documents were submitted by the Government, and it is unclear whether the applicants were informed of the Commission\u2019s decision.<\/p>\n 22.\u00a0\u00a0The second applicant also submitted additional documents dating back to 2008 and 2010, confirming destruction of the apartment block where he had owned a flat. In February 2008 the local district administration examined flat no.\u00a012 at 53 Kavkazskaya Street, Grozny, and concluded that it had been 100% destroyed. The applicant was issued with a certificate to that effect. On 24 May 2010 the local administration examined the building at 53 Kavkazskaya Street and found that it had been demolished.<\/p>\n II.\u00a0\u00a0RELEVANT DOMESTIC LAW AND PRACTICE<\/p>\n A.\u00a0\u00a0Presidential and governmental decrees<\/strong><\/p>\n 23.\u00a0\u00a0In Decree no. 510 of 30 April 1997 the Russian Government established that residents of the Chechen Republic who had lost their housing and\/or other possessions during the hostilities in the Republic and who, no later than 12 December 1994, had left permanently for another region were entitled to compensation.<\/p>\n 24.\u00a0\u00a0Government Decree no. 404 of 4 July 2003 established the right of all permanent residents of the Chechen Republic who had lost their housing and any possessions therein after 12 December 1994 to receive compensation up to a maximum amount of 300,000 Russian roubles (RUB) for housing and RUB 50,000 for other possessions. The decree was subsequently changed on several occasions; most notably, in 2008 the Ministry of Regional Development (in lieu of the Federal Authority on construction and municipal services) was put in charge of implementing its provisions. In 2012 its application was extended beyond the initially determined period of 2003-2004. According to the Government, between 2003 and 2012 compensation payments were made to 85,151 people in a total sum of RUB\u00a029,802.8 million.<\/p>\n 25.\u00a0\u00a0As can be seen from the relevant documents, three presidential directives (\u043f\u043e\u0440\u0443\u0447\u0435\u043d\u0438\u044f\u041f\u0440\u0435\u0437\u0438\u0434\u0435\u043d\u0442\u0430) were issued by the President of Russia to the competent Government agencies with the aim of resolvingthe compensationissues in August 2006 (no.\u00a01325), June 2007 (no.\u00a01094) and September 2010 (no.\u00a02736). According to various official letters furnished by the applicants, since 2009 the Ministry of Regional Development has been developing a new scheme of compensation for the persons affected.<\/p>\n 26.\u00a0\u00a0On 22 January 2014 the Head of the Chechnya Government passed Decree no.\u00a010 putting the Chechnya Archive Service in chargeofstoring documents concerning compensation for lost property.<\/p>\n 27.\u00a0\u00a0On 27 November 2015 the Ministry of the Russian Federation on matters concerning the Northern Caucasus issued order no.\u00a0179, setting up an inter-agency working group. Its mandate included developing measures of State support for persons who had lost their homes during the crisis in Chechnya.<\/p>\n B.\u00a0\u00a0The courts\u2019 practice<\/strong><\/p>\n 28.\u00a0\u00a0On 20 December 2005 the Constitutional Court of the Russian Federation refused to examine in substance complaints about the constitutionality of Government Decrees nos. 510 and 404. In its decision the Court stressed that \u201cthese Government Decrees are specific legislative acts which establish simplified procedures enabling affected individuals to have their rights restored and to obtain certain compensation; they neither limit nor exclude the application of the general rules of civil law governing property rights, compensation for damage and so on. These questions remain to be resolved by the courts of general jurisdiction following claims by individuals seeking to vindicate their rights, upon full establishment of all the factual circumstances of each case\u201d.<\/p>\n 29.\u00a0\u00a0On 14 September 2010 the Supreme Court of the Russian Federation issued a decision following an application brought by Mrs I., a Grozny resident. She sought to have certain provisions of Decree no.\u00a0510 declared unconstitutional since they could be interpreted as preventing her from obtaining full compensation for destroyed property. The Supreme Court stressed that the Decree in question set up a simplified procedure for obtainingan additional measure of social relief available to a wide group of affected individuals. It was not intended to compensate fully for the losses sustained, but did not prevent those willing to do so from pursuing civil remedies in the usual manner.<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0JOINDER OF THE APPLICATIONS<\/p>\n 30.\u00a0\u00a0In accordance with Rule 42 \u00a7 1 of the Rules of Court, the Court decides to join the applications, given their factual and legal similarities.<\/p>\n II.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL No.\u00a01 TO THE CONVENTION<\/p>\n 31.\u00a0\u00a0The applicants complained of an interference with their right to peaceful enjoyment of possessions, as provided in Article 1 of Protocol\u00a0No.\u00a01 to the Convention, which reads as follows:<\/p>\n \u201cEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.<\/p>\n The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.\u201d<\/p>\n 32.\u00a0\u00a0The Government contested that argument.<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 33.\u00a0\u00a0The Government submitted that the applicants had failed to exhaust domestic remedies because they had not lodged cassation appeals with the Supreme Court of Russia. They relied on Abramyan and Others v. Russia ((dec.), nos. 38951\/13 and 59611\/13, 12 May 2015).<\/p>\n 34.\u00a0\u00a0The Court has already rejected similar objections by the Russian Government in cases where the applicants had lodged their applications before the Court had reached the decision in Abramyan and Others (cited above, \u00a7\u00a7 76-96, where the Court recognised the new cassation appeal procedure as an effective remedy; see, for example, Novruk and Others v.\u00a0Russia, nos.\u00a031039\/11 and 4 others, \u00a7\u00a7 70-76, 15 March 2016; Kocherov and Sergeyeva v. Russia, no. 16899\/13, \u00a7\u00a7 64-69, 29 March 2016; and McIlwrath v. Russia, no. 60393\/13, \u00a7\u00a7 85-95, 18 July 2017). For the same reasons, the Court rejects the Government\u2019s objection as to the non-exhaustion of domestic remedies in respect of failure to appeal to the cassation courts.<\/p>\n 35.\u00a0\u00a0Next, the Government were of the opinion that once the applicants had learnt that the technical unit had ceased to function, they should have sought to establish the state of the respective buildings through other means, for instance by applying to the courts in order to establish the relevant facts.<\/p>\n 36.\u00a0\u00a0The applicants contested the effectiveness of that remedy. They argued that even thoughit was not a matter of dispute that the buildings had been destroyed, the corresponding register had not been updated after the technical unit\u2019s demise.<\/p>\n 37.\u00a0\u00a0The Court notes that both applicants had appealed against the Commission\u2019s actions to the courts. In both cases their complaints were dismissed and the courts ruled that the Commission was unable to proceed in the absence of the corresponding entry in the register, which was dependant on the technical unit\u2019s work (see paragraphs 12 and 19 above). It therefore appears that the remedy suggested by the Government has been ineffective in the circumstances. No domestic practice has been put forward by the Government to prove otherwise. This part of their objection should therefore be dismissed as well.<\/p>\n 38.\u00a0\u00a0The Court notes that this complaint is not manifestly ill\u2011founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 1.\u00a0\u00a0The parties\u2019 observations<\/em><\/p>\n 39.\u00a0\u00a0The applicantssubmitted that they had a statutory entitlement to receive compensation for the property destroyed during the counterterrorist operation. For administrative reasons, their duly lodged claims had not been processed for years. The administrative authorities and courts acknowledged that they were entitled to a decision on compensation, but refused to apply any other mechanism of compensation even though the processing of their claims had been blocked. Referring to the Court\u2019s case\u2011law (Malysh and\u00a0Others v. Russia, no. 30280\/03, \u00a7 85, 11 February 2010, and Yuriy\u00a0Lobanov v. Russia, no. 15578\/03, \u00a7 54, 2 December 2010), the applicants alleged that there had been a disproportionate interference with their right to property.<\/p>\n 40.\u00a0\u00a0The Government contested that claim.<\/p>\n 2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n (a)\u00a0\u00a0Existence of a possession<\/p>\n 41.\u00a0\u00a0The first question to be determined is whether the applicants had a \u201cpossession\u201d within the meaning of Article 1 of Protocol No. 1.<\/p>\n 42.\u00a0\u00a0The Court reiterates that an applicant may allege a violation of Article 1 of Protocol No. 1 only in so far as the impugned decisions relate to his or her \u201cpossessions\u201d within the meaning of that provision (see Kopeck\u00fd v. Slovakia [GC], no. 44912\/98, \u00a7 35, ECHR 2004\u2011IX). \u201cPossessions\u201d can be \u201cexisting possessions\u201d or claims that are sufficiently established to be regarded as \u201cassets\u201d (ibid.). Where a proprietary interest is in the nature of a claim, it may be regarded as an \u201casset\u201d only if there is a sufficient basis for that interest in national law (for example, where there is settled case-law of the domestic courts confirming it) and the claim is sufficiently established to be enforceable (see Kopeck\u00fd, cited above, \u00a7\u00a7 49 and 52, and Stran Greek Refineries and StratisAndreadis v. Greece, 9 December 1994, \u00a7 59, Series\u00a0A no. 301\u2011B).<\/p>\n 43.\u00a0\u00a0The Court has also accepted as \u201cpossessions\u201d claims in respect of which an applicant can argue that he or she has at least a \u201clegitimate expectation\u201d that they will be realised, that is, that he or she will obtain effective enjoyment of a property right (see, inter alia, Gratzinger and\u00a0Gratzingerova v. the Czech Republic (dec.) [GC], no. 39794\/98, \u00a7 69, ECHR 2002\u2011VII, and Kopeck\u00fd, cited above, \u00a7 35). However, a legitimate expectation has no independent existence; it must be attached to a proprietary interest for which there is a sufficient legal basis in national law (see Kopeck\u00fd, cited above, \u00a7\u00a7\u00a045-53).<\/p>\n 44.\u00a0\u00a0Turning to the applicants\u2019 complaints, the Court notes that both had lost their property during the counterterrorist operations in Chechnya. The case is different from those in which the applicants have claimed that the Government had been directly responsible for the damage caused to their property but were unable to submit sufficient evidence in that respect (see Umarov v. Russia (dec.), no.\u00a030788\/02, 18 May 2006, and Trapeznikova v.\u00a0Russia, no.\u00a021539\/02, \u00a7\u00a0108, 11 December 2008). It is also different from the situation of those who could directly point to the State authorities as the perpetrators of the acts and therefore claim compensation for the torts, unjustifiably denied by the domestic courts (see Khamidov v. Russia, no.\u00a072118\/01, \u00a7 137, 15 November 2007, and Miltayev and Meltayeva v.\u00a0Russia, no. 8455\/06, \u00a7\u00a7 50-57, 15 January 2013).<\/p>\n 45.\u00a0\u00a0The crux of the applicants\u2019 complaints concerns the malfunctioning of the administrative procedure set up to cover pecuniary losses sustained during the counterterrorist operations. Under Government Decree no.\u00a0404 of 4 July 2003 (see paragraph 28 above), such compensation was available to anyone who could prove that his or her property had been damaged \u201cduring\u201d the counterterrorist operation. This scheme did not requireidentification of the perpetrator of the damage and made it simpler for the numerous victims to obtain financial compensation. Nordid it regarda criminal investigation as a precondition for the establishment of the facts and apportioning responsibility for the damage (see, conversely,Mente\u015f and\u00a0Others v. Turkey, 28 November 1997, \u00a7 89, Reports of Judgments and Decisions 1997 VIII; Do\u011fan and Others v.\u00a0Turkey, nos. 8803\/02 and\u00a014\u00a0others, \u00a7 106, ECHR 2004\u2011VI (extracts); and, in the Russian context, Khamzayev and Others v. Russia, no. 1503\/02, \u00a7 154, 3 May 2011). The compensation was calculated on the basis of a maximum amount, depending on the property type and the family size. The Government reported that more than 85,000 people had been compensated under the scheme between 2004 and 2012 (see paragraph 28 above).<\/p>\n 46.\u00a0\u00a0Both applicants produced strong prima facie evidence of ownership and destruction of their property during the hostilities. Their claims and accompanying documents were accepted for review by the Commission (see paragraphs 8-10 and 16, 17 and 22 above).<\/p>\n 47.\u00a0\u00a0However, as noted above, the Commission was unable to proceed with their claims for a technical reason:the list of destroyed houses had not been updated since August 2005 owing to thedisbanding of theauthority responsible for theregister. The Commission\u2019s decision of September 2013, cited in the letter of January 2016, indicated that it had refused to consider the claims where the buildings had not been entered in the register in question (see paragraph 21 above).<\/p>\n 48.\u00a0\u00a0In such circumstances, the Court finds that the applicants had at least a \u201clegitimate expectation\u201d that their claims would be determined in line with the Decree provisions, and this expectation was sufficiently established in the national law to give rise to the notion of \u201cpossessions\u201d within the meaning of Article 1 of Protocol No. 1 to the Convention.<\/p>\n (b)\u00a0\u00a0Nature of the interference<\/p>\n 49.\u00a0\u00a0The Court has explained in Malysh and Others(cited above \u00a7\u00a7\u00a074\u201175), that the exact boundaries between the State\u2019s positive and negative obligations under Article 1 of Protocol No. 1 are difficult to define. The applicable principles and criteria to justify interference or lack of positive action are, however, rather similar. In particular, in both contexts regard must be had to the fair balance to be struck between the competing interests of the individual and of the community as a whole.<\/p>\n 50.\u00a0\u00a0The applicants in the present case were unable to have their claims examined owing to an administrative shortcoming. The management of the technical unit and the updating of the register fell exclusively under the authority of the State. The Court finds that the competent Commission\u2019s inability toprocess the applicants\u2019 claims since 2005 and its ultimate rejection of those claims without individualexaminationhas effectively prevented the applicants from having their claims determined in line with the Decree\u2019s provisions. This situation amounted to a restriction on the applicants\u2019 property rights in the form of \u201clegitimate expectation\u201d.<\/p>\n (c)\u00a0\u00a0Lawfulness, legitimate aim and whether the interference struck a fair balance<\/p>\n 51.\u00a0\u00a0The parties submitted no observations on whether the restriction at issue was lawful and pursued a legitimate aim. The Court does not find it necessary to dwell on these questions, in view of the analysis below.<\/p>\n 52.\u00a0\u00a0On the question of the striking of a fair balance between the general interest and the applicants\u2019 rights, the rule of law underlying the Convention and the principle of lawfulness in Article 1 of Protocol No. 1 to the Convention require States not only to respect and apply, in a foreseeable and consistent manner, the laws they have enacted, but also, as a corollary of this duty, to ensure the legal and practical conditions for their implementation (see Malysh and Others,\u00a7\u00a082, and Yuriy Lobanov, \u00a7 51, both cited above).<\/p>\n 53.\u00a0\u00a0Turning to the applicants\u2019 claims, the Court remarks that the disbanding of the technical unit in August 2005 made it virtually impossible for the applicants to have their claims for compensation reviewed. The Court has already concluded that this amounted to a restrictionon their \u201clegitimate expectation\u201d to have such claims examined (see paragraph 50 above). Admittedly, a number of steps have been taken over the years with the aim of finding a solution for pending compensation claims. These steps would presumablybe of direct concern to those whose compensation claims had been \u201cfrozen\u201d in the absence of a corresponding entry in the register. The documents submitted by the parties show thatsuccessive agencies were taskedwithaccelerating the payment of compensation. Since 2015 the Federal Ministry on matters concerning the Northern Caucasus has been in charge of this matter (see paragraphs 29-31 above). In May 2013 the Chechnya Supreme Court referred to a new procedure for compensation being underway (see paragraph 14 above).<\/p>\n 54.\u00a0\u00a0Despite these developments, the applicants\u2019 claims have not been examined in substance. In September 2013 the Commission summarily rejected all claims where there had been no corresponding entry in the register, without individual reasoning. It is possible that some of the claims rejected had indeed been based on incorrect information and the buildings had not suffered the damage alleged. As to the applicantsin the present case, they submitted sufficient evidence that their dwellings had been destroyed and various authorities cited the absence of entry in the register as the only reason why their claims had not been processed earlier. In the absence of more detailed information from the Government the Court is unable to speculate on the matter, which suffices to conclude that there is no evidence that a proper assessment of the applicants\u2019circumstances has taken place.<\/p>\n 55.\u00a0\u00a0The applicants lost their property and houses in the course of the counterterrorist operation in the Chechen Republic that was characterised by a period of civil strife and virtual breakdown of law and order.In the absence of sufficient evidence as to the identity of the perpetrator of the tort, and due to the passage of time, it would be impossible for them to secure the prosecution of the culprits or obtain civil compensation for their losses. The scheme that was created to ensure the simplified and speedy processing of such claims had turned out to be inaccessible owing to an administrative hurdle which was entirely outside their control. There is no indication that the applicants were responsible for, or culpably contributed to, the state of affairs which they complained about (compare Malysh and Others, \u00a7 84, and Yuriy Lobanov, \u00a7 53, both cited above).<\/p>\n 56.\u00a0\u00a0Nor can it be said that the applicants remained passive in view of the authorities\u2019 inaction: theymade requests to the competent authorities and lodged claims with the domestic courts. Those steps did not bring about any change in their circumstances and no progress has been achieved in reviewing their claims for compensations.<\/p>\n 57.\u00a0\u00a0In the light of the above, the Court finds that the Russian Government have been unable to put forward satisfactory justification for their failure, since 2005, to meet the legitimate expectation that well-founded claims for compensation would be dealt with.They thus failed to implement a solution that would enable the Commission to process the claims and to award compensation to the applicants, taking into account their individual circumstances. This was incompatible with the obligation arising under Article 1 of Protocol No. 1 to secure the peaceful enjoyment of possessions, and notably with the duty to act in good time and in an appropriate and consistent manner where an issue of general interest is at stake (see Malysh and Others, \u00a7\u00a085, and Yuriy Lobanov, \u00a7 54, both cited above).<\/p>\n 58.\u00a0\u00a0There has accordingly been a violation of Article 1 of Protocol No.\u00a01 to the Convention.<\/p>\n III.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION<\/p>\n 59.\u00a0\u00a0The applicantsalso complained of a violation of the right to an effective domestic remedy. They relied on Article 13 of the Convention.<\/p>\n 60.\u00a0\u00a0The Court notes that this complaint is linked to the one examined above and must therefore likewise be declared admissible.<\/p>\n 61.\u00a0\u00a0Having regard to the finding relating to Article 1 of Protocol No.\u00a01to the Convention (see paragraph\u00a058 above), the Court considers that it is not necessary to examine whether, in this case, there has been a violation of Article 13.<\/p>\n IV.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 62.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n A.\u00a0\u00a0Damage<\/strong><\/p>\n 63.\u00a0\u00a0The first applicant claimed 6,976,410 Russian roubles (RUB), in respect of pecuniary damage. This sum, in her calculation, corresponded to the cost of a 70 m2 flat in the apartment blocks located in the vicinity of the place where her house had been situated. She also claimed50,000 euros (EUR) in non-pecuniary damage.<\/p>\n 64.\u00a0\u00a0The second applicant claimed the amount that would be due to him under Decree no.\u00a0404, which he estimated at EUR\u00a030,000. He estimated the cost of the apartment at EUR\u00a025,000 and the household items at EUR\u00a010,000. In addition, he requested EUR\u00a015,000 in compensation for non-pecuniary damage caused to him by the breach of his property right.<\/p>\n 65.\u00a0\u00a0The Government observed that the applicants\u2019 claims were based on their inability to obtain compensation, the maximum amount of which was limited to RUB\u00a0350,000. They pointed out that the applicants\u2019 calculations of the cost of an apartment and household items had not been supported by any relevant evidence and remained speculative.<\/p>\n 66.\u00a0\u00a0The Court finds that there exists a causal link between the violation of the applicants\u2019 right to respect of their property and the pecuniary loss incurred. Taking into account the parties\u2019 submissions and the nature of the violation found, it awards each of the applicants EUR\u00a04,600 in respect of pecuniary damage.<\/p>\n 67.\u00a0\u00a0It further awards each of the applicants EUR\u00a05,000 in respect of non-pecuniary damage.<\/p>\n B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n 68.\u00a0\u00a0The applicantsdid not claim reimbursement of any costs and expenses. No award is made under this head.<\/p>\n C.\u00a0\u00a0Default interest<\/strong><\/p>\n 69.\u00a0\u00a0The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1.\u00a0\u00a0Joins the applications;<\/p>\n 2.\u00a0\u00a0Declaresthe applications admissible;<\/p>\n 3.\u00a0\u00a0Holdsthat there has been a violation of Article 1 of Protocol No. 1 to the Convention;<\/p>\n 4.\u00a0\u00a0Holdsthat there is no need to examine the complaint under Article 13 of the Convention;<\/p>\n 5.\u00a0\u00a0Holds<\/p>\n (a)\u00a0\u00a0that the respondent State is to pay to each of the applicants, within three months from the date on which the judgment becomes final in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following amounts; the award to the second applicant to be converted into the currency of the respondentState at the rate applicable at the date of settlement:<\/p>\n (i)\u00a0\u00a0EUR 4,600 (four thousand six hundred euros), plus any tax that may be chargeable,in respect of pecuniary damage;<\/p>\n (ii)\u00a0\u00a0EUR 5,000 (five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;<\/p>\n (b)\u00a0\u00a0that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 6.\u00a0\u00a0Dismissesthe remainder of the applicants\u2019 claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 13 November 2018, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Stephen Phillips\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Vincent A. De Gaetano
\nBrankoLubarda,
\nHelen Keller,
\nDmitry Dedov,
\nPere Pastor Vilanova,
\nAlena Pol\u00e1\u010dkov\u00e1,
\nMar\u00eda El\u00f3segui, judges,
\nand Stephen Phillips, Section Registrar,<\/p>\n
\nRegistrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n