erest (see {Oneryildiz} v. Turkey [GC], No. 48939/99, § 124, ECHR 2004-XII, and Prince Hans-Adam II of Liechtenstein v. Germany [GC], No. 42527/98, § 83, ECHR 2001-VIII). Where the proprietary interest is in the nature of a claim it may be regarded as an "asset" only where it has a sufficient basis in national law, for example where there is settled case-law of the domestic courts confirming it (see {Kopecky} v. Slovakia [GC], No. 44912/98, §§ 52, ECHR 2004-IX; Draon v. France [GC], No. 1513/03, § 68, 6 October 2005; Anheuser-Busch Inc. v. Portugal [GC], No. 73049/01, § 65, 11 January 2007).
48. On the facts, it is noted that in the course of criminal proceedings against Mr Moiseyev a large number of household items, including cash currency, keys and registration papers of a passenger car, keys to the garage and a computer, were seized by the investigation and subsequently confiscated pursuant to the confiscation order issued by the Moscow City Court on 14 August 2001 (see paragraph 14 above). Enforcement of the order proved to be impossible in respect of the garage (see paragraph 23 above) or was discontinued, owing to legislative changes, in respect of the car (see paragraph 24 above). The confiscation measure was eventually carried out in respect to the cash funds and the computer which had been sold by the bailiffs.
49. As regards the cash funds, it transpires from the Moscow City Court's judgment that the amount of 1,100 US dollars was seized in Mr Moiseyev's office and the remaining amount of 4,467 US dollars in the Moiseyevs family's home. The computer had been removed from the second applicant's room and the parties did not dispute that she had been its primary user.
50. The first applicant argued that she had been entitled to the spousal portion of the confiscated money and the second applicant asserted her ownership of the computer. The crux of the applicants' complaint was that the domestic courts had not provided them with an effective opportunity to claim their ownership to that property. Accordingly, in determining the existence of an interference with the right guaranteed by Article 1 of Protocol No. 1, the Court is called upon to verify in the light of the above-cited case-law whether the applicants had at least a reasonable and legitimate expectation to regain possession of the confiscated property.
51. The Court observes, firstly, that the Russian Civil and Family Codes stipulated joint ownership of property acquired by spouses in marriage. In the absence of evidence of any other arrangement between the first applicant and her husband in relation to the marital property, this default legal regulation was applicable in their case. Furthermore, by virtue of the relevant provisions of the Family and Civil Codes, children were legitimate owners of the objects which they had received from their parents as gifts. The change of ownership occurred at the moment of handing over the gift and there was no requirement of a written form (see paragraph 32 above). Thus, the first applicant could legitimately assert her entitlement to a portion of the family property equal to that of her husband and the second applicant to the computer which had been given to her by her parents.
52. The domestic case-law, as codified in the binding resolutions of the Supreme Court, indicated that confiscation orders could not "extend to the part of other persons who own [the] property jointly with the convict" and required the courts of general jurisdiction to respect the "rights and lawful interests of the convict's family members living with him". Only if it was found in subsequent civil proceedings - irrespective of the findings made in the criminal proceedings - that the property was criminally acquired but registered in other persons' names with a view to concealing it from confiscation, the claim was to be rejected (see paragraph 37 above). In the inst
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