ZHURAVLEVA v. UKRAINE - 45526/08 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee)

André Potocki, President, Mārtiņš Mits, Lado Chanturia, judges, and Milan Blaško, Deputy Section Registrar,

. According to the applicant, immediately after purchasing A.Z.'s share in the flat, A.N. and his associates started harassing her to force her to sell the remaining share of the flat at a low price. On numerous occasions A.N. approached her with verbal insults and threats of physical violence and promised to make her daily life in the flat intolerable by settling alcoholics and drug addicts in it. On several occasions A.N. threatened to kill the applicant if she persisted in being unreasonable.

. On 23 March 2007 the District Court ruled against the applicant. She appealed, reiterating her allegations and also alleging that Ukrspetsyust had breached Article 366 of the Civil Code by selling half of the flat without allocating it in kind.

. On 30 October 2007 the Court of Appeal rejected the applicant's appeal. It found in essence that the pre-emption rights and provisions of Article 366 of the Civil Code did not apply in the case at issue and, furthermore, that it could not examine the validity of the auction, because the applicant had not lodged a claim for its invalidation in accordance with the procedure set in Articles 118 and 119 of the Code of Civil Procedure.

. The applicant appealed in cassation, mainly reiterating her previous submissions. On 25 April 2008 the Supreme Court of Ukraine rejected her appeal as unsubstantiated.