Задать свой вопрос

Имя
Email
Суть вопроса

The subject of protection of property rights could be raised at the international level only at the European Court of Human Rights. International Covenant on Civil and Political Rights does not contain any provisions which would repeat the provisions of Article 1 of the First Protocol to the European Convention. At the same time, such a question can only be put in the context of violation of private property right. International human rights standards do not envisage the protection of the state property.

It is obvious that nationalization is deprivation of property in the context of the analytical algorithm, used by the European Court. Other aspects of this algorithm involve the assessment of common interest in this intervention, the presence of the ground/ order prescribed by law and proportionality of the intervention to the interest that is pursued. As a rule, the problems arise even at a stage of detection and evaluation of the common interest. An additional argument in favor of the applicant in these cases might be references to the provisions of international humanitarian law – in particular, to The Geneva Convention relative to the Protection of Civilian Persons in Time of War (IV) and the Convention with respect to the Laws and Customs of War on Land. that prohibit seizure of property except for military needs. These provisions limit the discretion of the state much stronger compared to situations where the intervention takes place inside the country. (http://zakon4.rada.gov.ua/laws/show/995_154; http://www.un.org/ru/documents/decl_conv/conventions/geneva_civilian.shtml; https://www.icrc.org/ihl/385ec082b509e76c41256739003e636d/6756482d86146898c125641e00 4aa3c5; https://www.icrc.org/rus/resources/documents/misc/hague-convention-iv-181007.htm; https://www.icrc.org/ihl/INTRO/195)

Смотрите также

Crimea beyond rules. Issue 4 Information occupation
Крым без правил

Crimea beyond rules. Thematic reviews of the human rights situation under occupation

Crimea beyond rules. Thematic reviews of the human rights situation under occupation “Crimea Beyond Rules” – the series of thematic reviews of violations of international human rights standards in occupied Crimea Although the President of the Russian Federation V. Putin justified his decision on the annexation of Crimea by the necessity to protect the local population, the following […]
Крым без правил

Crimea beyond the rules. Special issue. Forcible Expulsion of the Civilian Population from the Occup...

Crimea beyond the rules. Special issue. Forcible Expulsion of the Civilian Population from the Occupied Territory by Russia Events in the Crimea in February-March 2014 and the occupation of the territory of Ukraine by the Russian Federation is the first example of large-scale violations of the provisions and principles of the Final Act in Europe. In […]
Крым без правил

Crimea beyond the rules. Special issue. Transfer by the Russia parts of its own civilian population ...

Crimea beyond the rules. Special issue. Transfer by the Russian Federation parts of its own civilian population into the occupied territory of Ukraine Events in the Crimea in February-March 2014 and the occupation of the territory of Ukraine by the Russian Federation is the first example of large-scale violations of the provisions and principles of […]