11
/06
Ukrainian citizen’s rights protection on the Crimea territory
Deeply passed through the events that are taking place in our country during last few months, specialists of the “Colares” law company have decided to take part in global support for Ukrainian citizens on the Crimea territory. The matter is that many people either from Crimea and continent part of Ukraine come to our company with questions about rights protection. Among basic questions are: how we can advocate our real estate from the nationalization by Russian Federation; how we can return our bank deposit that was made on the Crimea territory; what currency should we choose for money returning etc. The Crimea annexation had become as reason for such questions appearing. In example, civil code of Russian Federation creates the possibility of nationalization by Russian Federation citizen’s property. But there is one reassuring fact: the Law says that such nationalized property should be compensated. But at the same time there is an issue with definition of the amount of such compensation and the evaluation of the real estate. Taking into account all mentioned above questions, specialists of the law company “Colares” had created the way of citizen’s rights protection which we’ll consider in this article. So, how one can advocate his property that situated in Crimea form the nationalization or despoilment? If third party is raising difficulties in access to one’s property or one can’t dispose of his property – that grounds his right to advocate his rights in the European Court of Human Rights. For this matter first of all one should make the fixation of the rights invasion. One should call out the representative of law enforcement authority, make sure that he have fixed the breach and made the appropriate records. Also one should fix the breach by himself with photo and video fixation. Having all facts and fixation materials of your rights breaching one should contact professional lawyers for the matter of making the case in appropriate way. Also lawyers will hold a brief in the court and that will give you advantages to receive the positive decision. Russian Federation will become as the respondent. Another big problem that Ukrainian citizens faced in Crimea region is inability of bank deposit return. The issue is that after Crimea annexing by Russia Federation big Ukrainian banks had closed their branches on the territory of Crimea. So, what specialists propose to do in such situation? First of all one should seek the assistance in bank branches in any city of the continental part of Ukraine or to the main office of the bank. After filing of the application about the deposit returning one can receive the refusal on the basis of force-majeure. At this case one also shout receive the document about the matter of the refusal. We suggest to contact lawyers who on the basis of all mentioned above documents will make a case to the European right court. In the conclusion should be mentioned that problems that citizens of Crimea have could be solved in the European Court of Human Rights. But it should be mentioned that making the case and participating in the Court are rather complete tasks. That is why specialists propose to cooperate with professional lawyers.