PRACTICE OF EUROPEAN COURT ON HUMAN RIGHTS AS SOURCE OF RIGHT IN CASES OF ALIENATION OF LAND PLOTS, OTHER OBJECTS OF THE IMMOVABLE PROPERTY, FOR REASONS OF SOCIAL NECESSITY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The change of priorities in the relations of property stipulated fixing in the legislation of norms about strengthening of social functions of the state. A legislation determines the limits of possible legitimate intervention from the state in the right of private ownership. Ukraine admitted jurisdiction of the European court on human rights. Practice ECHR is source right and obligatory to application courts of Ukraine. In the article the analysis of taking into account of practice of the ECHR comes true by the courts of Ukraine at consideration in cases of alienation of land plots, other objects of the immovable property, for reasons of social necessity. The purpose of the article is to decision of limits of possible legitimate intervention from the state in a peculiar on the basis of analysis of judicial practice of national courts in cases involving administrative claims for forced alienation of land plots, other objects of the immovable property, for reasons of social necessity, taking into account practice of ECHR. Article of a 1 Protocol № 1 to Convention about the protection of human rights and fundamental freedoms sets grounds and terms of legitimacy of limitation of right of private ownership. Practice European court on human rights in cases of the guarantees of realization of right of ownership has direct influence on law application of national courts. She is necessary to be brought to conformity with european standards. Statutory provisions must be sent to defence of interests of proprietors and to provide inevitability of responsibility of guilty in the acceptance of illegal decision.
Authors and Affiliations
Н. В. Ільків
Keywords
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