Protection of property rights in the ECHR

The European Convention on Human Rights states, among other things, that everyone has the right to use and own property. This right is protected, in particular, by the European Court of Human Rights (ECHR). For this, it is necessary to prepare a complaint against the state that violates this right. For example, the competence of the European Court is to consider complaints (statements) against Russia regarding violations of the articles of the Convention. In this article, our experts, lawyers Prykhodko and Partners will tell how property rights are protected in the ECHR.

Appeal to the ECtHR against violation of property rights by the Russian Federation

Any citizen of Ukraine, that is, an individual or a legal entity, can apply for help to the European Court. For this, it is enough to file a complaint against the terrorist state with detailed information on the violation of basic rights guaranteed by the Convention. We are talking, in particular, about the right to peaceful possession of property.

4 months are allowed for submitting an appeal from the moment when all possible means of protecting the interests of the person within Ukraine have been used.

Also remember that if the ECtHR recognizes the complaint, the applicant can expect fair compensation for the damage that was caused as a result of the violation of his rights.

Therefore, if your property was seized or destroyed by the occupying forces, you can turn to the European Court to protect your rights.

Our experts have experience in appeals to the European Court with complaints against the Russian Federation. We can provide highly qualified assistance in this matter.

The practical part of the protection of private property in the European Court of Human Rights

In the first article of Protocol 1 to the Convention, every individual and legal entity is guaranteed the right to peaceful possession of their own property. According to it, no person can be deprived of property. The only exception is the interests of society and the conditions stipulated by the current legislation and key concepts of international law.

All these provisions in no way limit the legal component of the state to the implementation of laws that it considers necessary. Thus, control over the use of property will be carried out in accordance with ensuring the payment of fees, taxes, fines, as well as for public interests.

Determining the principles of current criminal justice, the legislator established guarantees of inviolability of property rights (Article 16 of the Criminal Procedure Code).

As for the temporary/permanent restriction or deprivation of the right to property, it is carried out during criminal proceedings only on the basis of a court decision. This court decision must be adopted in accordance with the procedure provided for by the Code of Criminal Procedure. According to this decision, property can be seized temporarily even without a court decision.

The decision on the limitation of the constitutional right:

1. Accepted by the court.
2. The decision is motivated.
3. The procedure defined by the current legislation is followed.

Examples of intervention by the European Court of Human Rights include:

• Non-compliance with the final court decision for a long time.
• Cancellation of license.
• Confiscation, arrest, expropriation of property, etc.

Lawyers Prykhodko and Partners have experience in drafting a claim for the protection of property rights in the ECHR. We will make all necessary efforts to ensure that all your rights are reliably protected.

The key to our success is an individual approach to each specific case.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services for filing an application for the protection of property rights at the ECHR, fill out the form below.