PROTECTION OF PROPERTY RIGHTS IN THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND THE PRACTICE OF THE ECTHR

Abstract

INTRODUCTION It is well known that the fundamental ownership right in the sphere of business is the property right. Property right is the right of a person to a thing (property), which he performs in accordance with the law of his own will, regardless of the will of other persons (Article 316 of the Civil Code of Ukraine). The basis of any property is the economic relations of appropriation created in the process of social production of tangible goods (natural resources, means and products of productive activity, etc.), through an appropriate socio-economic system, which expresses the attitude of some persons to these tangible goods as “their”, and others as “someone else’s”. Therefore, the first ones acquire the power of the “owner” of the property, the second onesacquire the obligation to refrain from encroachment on him and to create obstacles to the “owner” in the dominance of this property. Property is a public relation between people about aught whose behavior is volitional. However, the functioning of this attitude and the behavior of its participants requires the necessary legal regulation. In the context of the above subject of guarantee of property rights in accordance with Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, in addition to this Article of the First Protocol, are also guaranteed the right to a fair trial (Article 6), the right to an effective remedy (Article 13), and the prohibition of discrimination (Article 14), the prohibition of abuse of rights (Article 17). The first Protocol defines the boundaries of international legal regulation of property rights issues. Legal regulation of property protection is a prerogative of the internal law of States. At the present stage of development, the legal ownership regime is changing significantly. This process is objectively caused by the need of the economy and at the same time the need to strengthen social regulation and fulfill the social functions of the state 1 .