Novikov D. Protection of property rights by the European Court of Human Rights: experience for the legal system and judicial practice of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003500

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

10-10-2018

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

In the thesis, the Institute for the Protection of Property Rights by the European Court of Human Rights was investigated and the importance of the relevant practice of the European Court for the legal system and judicial practice of Ukraine was determined. The characteristic of the property right under the legislation of Ukraine and the European Convention for the Protection of Human Rights and Fundamental Freedoms is given. The place of decisions of the European Court of Human Rights in the system of sources of civil law of Ukraine is determined. The general principles of the protection of property rights by the European Court of Human Rights are examined. The guarantees of protection of property rights and limits of state interference in the exercise of property rights in the practice of the European Court of Human Rights are defined. Proposals have been made to improve the relevant provisions of the Civil Code of Ukraine and the practice of its application by economic courts and courts of general jurisdiction, and scientific conclusions are drawn concerning certain problems of civil law.

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