Compensation for violation of the right to inviolability of the home

Compensation for Violation of the Right to Inviolability of Housing: Legal Aspects and Court Practice

Violation of the right to the inviolability of housing is a serious offense that infringes upon a fundamental human right to privacy. The inviolability of housing is guaranteed not only by the Constitution of Ukraine but also by international legal standards such as the European Convention on Human Rights. If this right is violated, victims have the right to seek compensation for the damages caused through the court system. In this article, we will explore key aspects of protecting the right to inviolability of housing and provide examples of court practice.

What is a Violation of the Right to the Inviolability of Housing?

The inviolability of housing is a right guaranteed by Article 30 of the Constitution of Ukraine, which states that no one is allowed to enter a person’s home or other property without legal grounds. Exceptions are only possible based on a court decision or in cases provided by law, such as to prevent a crime or save lives.

Violations of this right can take different forms:

• Illegal entry into a home without a court order.
• Search or inspection of a home without following legal procedures.
• Entry into a home by government authorities without legal grounds or a court decision.

These violations can be both physical (illegal entry into a home) and documentary (illegal orders or acts for investigative actions). In any case, the victim has the right to seek compensation.

Legal Grounds for Compensation for Violation of the Right to Inviolability of Housing

Compensation for violation of the right to the inviolability of housing is regulated by several key legislative acts of Ukraine. First and foremost, this is the Constitution of Ukraine, the Civil Code of Ukraine, and the provisions of the Criminal Code of Ukraine, which establish criminal liability for such violations.

According to Article 56 of the Constitution of Ukraine, every citizen has the right to compensation for damages caused by illegal actions of government bodies or their officials. The Civil Code of Ukraine (Article 23) allows for compensation for moral damages caused by the violation of the right to inviolability of housing. This can include stress, loss of the sense of security, psychological trauma, and other consequences.

How to File a Claim for Compensation?

A claim for compensation for violation of the right to inviolability of housing must include:

1. The factual circumstances of the violation — when, how, and under what circumstances the right to inviolability of housing was violated.
2. Evidence of the violation — this can include witness statements, video materials, photographs, or official documents confirming the illegal actions.
3. An assessment of the damage caused — moral or material. It is important to provide documents confirming actual expenses or emotional distress, such as medical certificates for psychological stress.

All these elements are important for a successful resolution of the case in court and obtaining compensation.

Compensation for Violation of Housing Inviolability: Court Practice

Court practice in such cases is extremely important, as it demonstrates real examples of resolving conflicts between citizens and government authorities. For instance, in 2020, the Supreme Court considered several cases involving violations of housing inviolability. One of these cases concerned an illegal search conducted without a court order, and the Supreme Court ruled in favor of the victim, requiring the government body to compensate for moral damages.

Example of Court Practice

In case No. 80244276, it was established that entry into a home without legal grounds constitutes a violation of the right to inviolability of housing, and the court ordered the defendant to pay compensation for the moral suffering caused to the victim. This case demonstrates that Ukrainian courts side with citizens in cases where their right to housing inviolability was violated without proper legal grounds.

Emotional Consequences of Violating the Right to Inviolability of Housing

The violation of the right to the inviolability of housing can have serious psychological consequences for the victim. The loss of a sense of security in one’s personal space, which should be the most protected, causes prolonged stress and anxiety. A home is not just a place of residence; it is a personal space where one feels safe and at peace. Violating this right destroys the very foundation of this peace, which can lead to deep psychological trauma.

Many people who have become victims of illegal intrusion into their homes feel vulnerable and uncertain about the future. This can lead to the development of anxiety disorders, depression, and other psychological issues that require treatment. It is important to consider these factors when filing a claim, as they are part of the moral damage that should be compensated.

How to Prepare a Claim for Compensation?

Preparing a claim for compensation due to the violation of the right to the inviolability of housing involves several important steps:

1. Collecting evidence — all documents confirming illegal entry or search must be gathered and properly organized.
2. Assessing moral damages — medical certificates, psychological reports, or other documents proving moral suffering should be included in the claim.
3. Drafting the claim — the claim should clearly describe the circumstances of the violation, provide evidence, and specifically state the compensation demands.

Why is it Important to Act Now?

You should not postpone filing a compensation claim. The longer you wait, the harder it will be to gather the necessary evidence and confirm the violation of your right to housing inviolability. Additionally, delaying could worsen your psychological state and weaken your chances of receiving fair compensation.

Why Should You Contact Professional Lawyers?

Cases concerning violations of housing inviolability are extremely complex, as they often involve disputes with government bodies. That’s why it is crucial to consult with lawyers who have experience in handling such cases. We will help you correctly file the claim, gather the necessary evidence, and represent your interests in court. Our legal team will provide you with full support at every stage of the process, ensuring that your rights are protected in the best possible way.

You Need to Act Immediately

Delaying your decision only worsens your chances for a successful resolution of the case. Contact us today to get professional help and ensure that you receive fair compensation for the violation of your right to housing inviolability. Your rights cannot be ignored — we will help you restore justice!