“Proportionality” as the basis for limitation of property right in accordance with the European Court of Human Rights practice
Journal Title: Прикарпатський юридичний вісник - Year 2017, Vol 5, Issue
Abstract
The article is devoted to the disclosure of the concept of proportionality as the basis for restricting the right of property. There is analyzed the European Court of Human Rights practice regarding the application of Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the compliance by the respondent state the proportionality requirements between measures taken by it and the purpose for which any act is directed that deprives or restricts individual ownership. In the article on the basis of the research of the European Court of Human Rights decisions on the subject of the studied problem there is concluded that under establishing the compliance by the European Court of Human Rights the proportionality requirements it is necessary to consider the existence in a state-party to the Convention on the Protection of Human Rights and Fundamental Freedoms of the broad discretion in choosing the approaches of implementing noticed measures and determining the conformity of the latter with the general (public) interests.
Authors and Affiliations
Н. Є. Блажівська
Keywords
Related Articles
- EP ID EP456003
- DOI -
- Views 66
- Downloads 0
Creating the history: formation of the fourth generation of human rights.
The paper considers major milestones of human rights by the time of actualization. Identified that scientific and technological advancement as opened up new opportunities for evolving of human rights – the fourth generat...
Contractual mechanism for regulating the gas market of the European Union
The article deals with the legal mechanism of the European Union, which is a unique phenomenon and plays an important role in the regulation of integration processes in various areas defined in the documents. The legal m...
Concept and content of objection on appeal in administrative proceedings Ukraine
There are disclosed the procedural and legal signifi- cance of the denial to appeal in the national administra- tive proceedings in the scientific article. The author of this article formulated the denial to the appeal...
The scope of confidentiality principle in mediation.
The article is devoted to the analysis of the importance and scope of the principle of confidentiality of mediation as a prerequisite for increasing the demand and popularization of alternative dispute resolution methods...
Certain aspects of the admissibility of electronic evidences in the civil procedural legislation of Ukraine
The article studies some aspects of the admissibility of electronic evidences in the civil procedural legislation of Ukraine, the possibilities of ensuring the admissibility of electronic evidence for the purpose of t...