Ivanytskyi A. Protection of property rights of legal entities in the case law of the European Court of Human Rights

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100569

Applicant for

Specialization

  • 081 - Право. Право

09-04-2021

Specialized Academic Board

ДФ 70.895.003

Khmelnytsky university of management and law Leonid Yuzkov

Essay

The dissertation is a complex scientific research of civil law regulation of property rights of legal entities through the prism of the case law of the European Court of Human Rights, during which the characteristic features of such protection are identified and established, protection of property rights of legal entities at the national level. According to the results of the thesis research, specific features of a non-governmental organization to be met by a legal entity applying for protection of its civil rights to the European Court of Human Rights, namely: the goals and objectives of creation should not be related to public administration, this specified legal entity does not perform the functions of state power, public administration, public administration or part thereof, depending on the order of creation, it must be a legal entity of private law. Improved the scientific idea of the need to harmonize and authenticate the translation of Article 1 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms into Ukrainian and clarify the title of Article 1 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms as «Protection of property rights» in Ukrainian. The author's additional feature of the concept of «property» is proposed, namely, the efficiency of use of such property, but which arises only in relation to the property of a legal entity. This feature is explained by the fact that these entities use property with the required level of security to achieve a certain necessary and desired result, projected effect, effective process, project and, accordingly, in the absence of this phenomenon suffer certain negative consequences in the form of reduction activities or even termination of its activities.

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