Press Release, 29.09.2014

YABLOKO leader Sergei Mitrokhin has sent a letter to Yuri Chaika, Public Prosecutor General of the Russian Federation, demanding to challenge in court the law of the Republic of Crimea “On the Specifics of Buyout of Property in the Republic of Crimea” which may lead to a situation when residents of Crimea may be deprived of any property in an extremely short time.

According to Sergei Mitrokhin, this law was passed on August 8, 2014, contradicts the Constitution and the generally accepted principles and norms of international law, violates the rights of an unlimited range of persons.

According to the law, the owner shall be notified of “nationalisation” of his property within five days and the property is taken from the owner without any trial, that is, in Crimea any property can be withdrawn from the owner on arbitrary decision of the authorities.

“Contrary to the norms of the Russian law, the Crimean authorities have started sweeping and crude nationalisation with a mockery low redemption price,” Sergey Mitrokhin wrote in his blog.

“The owner must be notified of “buying out of his property” on the basis of Article 5 of the impugned law within five days which is in direct contravention of Part 2 of Article 63 of the Land Code of the Russian Federation stipulating that a notification of withdrawal of land for state and municipal needs must be sent to the owner at least a year prior to such withdrawal,” runs the statement.

The “Crimean law” envisages withdrawal of property not only in connection with the state needs, but also for the sake of “safety of the state.” The redemption price is determined by solely the authorities “on the basis of the conclusion of appraisers”. And there is no mention that the price is the market price. Also it is not indicated which assets will be nationalised. Thus, even plots of land belonging to citizens and their houses can be nationalized.

That is, the owner may be arbitrarily deprived of property which “contradicts Articles 239, 242, 279 – 287 of the Civil Code, neglects the rights of the owners of the seized or requisitioned property, the procedure and terms of seizure of property for state and municipal needs envisaged by the present laws of the Russian Federation”.

Sergei Mitrokhin notes that the legislation of the Russian Federation, including the universally recognized norms of international law, as an integral part of the Russian legal system, expressly prohibits the procedure of “buying out of property”.

This violates both the rights and freedoms of a person and a citizen limiting the property title.

“The [Crimean] law stipulates for an arbitrary uncontested deprivation of property without recourse to court proceedings based solely on the decision of the state authorities of the Republic of Crimea,” runs the statement.

The “Crimean law” establishes an absolute mechanism for deprivation of property, ruling out any possibility for the owner to challenge the decision or choose the form of compensation and agree on property valuation.

However, this law has been already applied in practice.

The statement also notes that “from public sources it became known that the State Council of the Republic of Crimea adopted a decision of forced buying out of 28 city markets and over 122 recreation facilities, the property of foreign nationals and the Yalta film studio.”

YABLOKO leader marks that “the Crimean law” must be revoked, rights of physical persons or legal entities violated by this law should be restored and the damage must be redeemed. He also notes that impartial examination of the case by the state authorities of the Republic of Crimea, including the regional prosecutor’s office, arises much doubt, that is why he turns to the federal authorities with a demand to revoke the law.

Sergei Mitrokhin also has sent such a statement to Ella Pamfilova, Commissioner for Human Rights in the Russian Federation.