FIFTH SECTIONCASE OF AZALIYA, TOV AND OTHERS v. UKRAINE(Applications nos. 31211/14 and 31338/14)      JUDGMENT STRASBOURG9 March 2023 This judgment is final but it may be subject to editorial revision.In the case of Azaliya, TOV and Others v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Carlo Ranzoni, President, Mattias Guyomar, Mykola Gnatovskyy, judges,and Martina Keller, Deputy Section Registrar,Having regard to:application no. 31211/14 against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 14 April 2014 by a limited liability company registered in Ukraine (“the first applicant company”), which was represented before the Court by Mrs H. Ovdiienko and Mrs T. Bespala, lawyers practising in Kharkiv;application no. 31338/14 against Ukraine lodged with the Court under Article 34 of the Convention on 14 April 2014 by a single-member private company registered in Ukraine (“the second applicant company”) and its sole member and owner, Mrs Marina Maminashvili (“the individual applicant”), a Ukrainian national, both represented before the Court by Mr A. Kristenko, a lawyer practising in Kharkiv;the decision to give notice of the complaint under Article 1 of Protocol No. 1 to the Convention to the Ukrainian Government (“the Government”), represented by their acting Agent, Mrs O. Davydchuk, and to declare the remainder of the applications inadmissible;the parties’ observations;Having deliberated in private on 9 February 2023,Delivers the following judgment, which was adopted on that date:SUBJECT MATTER OF THE CASE1. Both applications concern the demolition by the State authorities of buildings owned by the applicant companies and used by them for running their commercial activities (a café and a shop). The applicant companies complained that the interference with their property had been unlawful and unjustified. They relied on Article 1 of Protocol No. 1 to the Convention.2. The buildings in issue were constructed in the 1970s and located at “Kinnyy” marketplace in Kharkiv.

Article of the Convention at issue: Article 1
Outcome: violation