Protection of Property Rights Under the Western Convention about Human Rights and the Russian National Legislation Essay

The value of real estate in everyday life of people can be obvious. Although sometimes it appears to be property would not fit into a persons rights circumstance, the author believes that the right to property as any other human being right requires protection. The very fact that 20 percent of all infractions found by European Court docket of Human Rights in the last eight years are connected with property legal rights illustrates the importance of real estate rights. This thesis evaluates and compares property privileges protection within the European Tradition on Man Rights and Russian nationwide legislation. The thesis consists of three main parts. The first Chapter looks into the international type of the safeguard of house rights. After mentioning the primary international musical instruments containing security of the right to property, the thesis is targeted on the protection model under the European Conference on Human being Rights. A history of the house clause is definitely looked into. Content 1 of Protocol & #8470& semic 1 of the Western Convention on Human Privileges is examined in detail. In order to understand the house rights terms, the basic case-law of the Western Court of Human Rights and the Western european Commission of Human Privileges are covered. First, the writer illustrates the concept of property rights, by giving several examples of rights which belong to the safeguard of Content 1 of Protocol & #8470& semic 1 . Second, the content of property privileges is described and the description of 3 main rules, deprivation of property, control of the use of house and the peaceful enjoyment of ownership are given. Because the right of property is definitely not absolute and is controlled by restriction, the author examines beneath which circumstances interference with property legal rights is validated. According to the case-law of the Strasbourg bodies, disturbance with home rights by a state is allowed only when three conditions - lawfulness, public and general interest and proportionality - are fulfilled...

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