Horobets N. Property rights protection in the practice of the European Court of Human Rights.

Thesis is dedicated to comprehensive theoretical-legal analysis of property rights protection international-law aspects in the practice of the European Court of Human Rights (hereinafter referred to as ECHR), research of the pending matters of European standards in property rights protection formation and development along with review of the state of compliance of the law and legal practice of Ukraine to the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter referred to as ECHRFF) and Protocol 1 to it in the context of property right protection. The legal nature of such judicial categories as «property», «property right», «international-legal protection of property rights», «ECHR practice in property right protection sphere», etc. Pre-conditions to form public-judicial property right protection in international law have been examined in particular historic periods of the property right formation and development in the international right. Insight has been provided into international law principles concerning protection the right for peaceful possession of real property in the context of universal and regional, in particular of European Council, international legal arrangements in human rights protection. The paper substantiates the thesis that with fixing of the right to own peacefully real property in the Protocol 1 to ECHR new tendency in international law development occurred being connected with instantiation of international-legal understanding of the proprietary right – from personal right of individual to the right of each entity, both real or legal, essentially expenses the limits of possible application of this norm of the international law. Property right protection concept under the Protocol 1 to ECHR has been investigated, along with specific features of claims consideration by ECHR under the Protocol 1 to ECHR and subjective judgment of the Court concerning such concepts as «real property», «property», «restriction on the right of ownership interpreting». Particular attention is paid to the issues of European standards implementation in the field of property rights in the legislation and practice of Ukraine. In particular, the constitutional guarantees of the property rights and practice of Ukraine in these rights enforcement is analyzed, the characterization of ECHR judgments in relation to Ukraine is given, and the state of compliance of the national legislation in the field of property rights protection to the practice of the ECHR is investigated. The paper offer the analysis of the practice of individuals and legal entities addressing claims against Ukraine to the ECHR in the issues of property rights protection and states that such practice is an important in the background of further improvement of legislation and legal practice of Ukraine in this area. It substantiates that such practice already exists. In addition, currently there is considerable quantity of the pending issues associated with it. In tough economic situation Ukrainian citizens are in need for the enhanced protection of property rights, which is provided by an opportunity to seek protection of their interests, including in the supranational court instances, with ECHR as such an instance.