PROPERTY RIGHTS PROTECTION

in the EUROPEAN COURT OF HUMAN RIGHTS

"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided by law and by the general principles of international law. However, the preceding provisions in no way impair the right of a State to enforce such laws it deems necessary to control the use of property in accordance with

general interests or to ensure the payment of taxes or other

fees or fines. "

The first article of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms enshrines the inalienable right of every citizen to property and peaceful possession of property.

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Complaints of infringement of property rights are one of the most common cases before the European Court. According to statistics, Art. 1 of Protocol I ranks third in the number of appeals to the ECtHR compared to other articles.

Property rights cover a fairly wide range of property rights. The European Court of Justice autonomously interprets the concept of "property" quite broadly and independently of the provisions of national law. These include both real movable and immovable property, as well as future income, assets, company stocks, social benefits, intellectual property, property interests and even "legitimate expectations".

Accordingly, violations of the right to peaceful possession of property are very different. In particular, the most common are:

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  • illegal seizure of property in the public interest

  • disproportionate restriction of the right to possession

  • restricting access to their property

  • groundless nationalization, expropriation, confiscation

  • non-issuance or revocation of permits, licenses

  • debt by court decision

  • infringement of copyright and intellectual property rights

  • disproportionate destruction of property during armed conflicts

  • non-payment of social benefits (in case of payment of contributions to separate funds)

  • forced evictions.

The case law of the European Court proves that property rights provide a very wide and diverse range for protection. Any situation in which the state deprives a person of his or her private property in any way is grounds for applying to the ECtHR and obtaining restoration of rights and appropriate compensation.

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Lawyers of the Podolsk Legal Center are always ready to help restore your right to peaceful possession of property! Contact us for help if you have any questions or about your specific case. Call or write in the CHAT (at the bottom of the page).

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