Постановление Европейского суда по правам человека от 08.10.2009 "Дело "Мержоев (Merzhoyev) против Российской Федерации" [рус., англ.]

and, the Court finds that a fair balance was struck between the general interest of the community and the applicant's property interests.
58. Accordingly, there has been no violation of Article 1 of Protocol No. 1 in the instant case.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Dismisses the Government's preliminary objections concerning the exhaustion of domestic remedies and the Court's competence ratione personae;
2. Accepts the Government's preliminary objection concerning the Court's competence ratione temporis in so far as the events prior to 5 May 1998 are concerned and holds that it is unable to consider the merits of that part of the case;
3. Holds that there has been no violation of Article 1 of Protocol No. 1 to the Convention in so far as the events after 5 May 1998 are concerned.

Done in English, and notified in writing on 8 October 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

{Andre} WAMPACH
Deputy Registrar






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