Protection of Property Rights Under the European Convention on Human Rights and the Russian National Legislation

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The importance of property in everyday life of people is obvious. Although sometimes it looks like property does not fit into the human rights context, the author believes that the right to property as any other human right needs protection. The fact that 20 percent of all violations found by the European Court of Human Rights in the last eight years are connected with property rights illustrates the importance of property rights. This thesis evaluates and compares property rights protection under the European Convention on Human Rights and Russian national legislation. The thesis consists of three main parts. The first Chapter looks into the international model of the protection of property rights. After mentioning the main international instruments containing protection of the right to property, the thesis is focused on the protection model under the European Convention on Human Rights. The history of the property clause is looked into. Article 1 of Protocol №&semic 1 of the European Convention on Human Rights is examined in detail. In order to understand the property rights clause, the basic case-law of the European Court of Human Rights and the European Commission of Human Rights are covered. First, the author illustrates the concept of property rights, by giving numerous examples of rights which fall under the protection of Article 1 of Protocol №&semic 1. Second, the content of property rights is explained and the description of three main rules, deprivation of property, control of the use of property and the peaceful enjoyment of possession are given. Since the right of property is not absolute and is subject to restriction, the author examines under which conditions interference with property rights is justified. According to the case-law of the Strasbourg bodies, interference with property rights by a state is allowed only if three conditions - lawfulness, public and general interest and proportionality - are fulfilled...
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