Protection of the Property Rights Under Practice of the European Court of Human Rights and Regulation Problems in Lithuania and Ukraine

Abstract

The Master`s thesis is aimed to disclose the concept and approach to property rights and their protection in Republic of Lithuania and Ukraine. A special place in the work is dedicated to the case law of the European Court of Human Rights, in relation to these countries, precisely in the context of the applications under Article 1 of the Protocol 1 (protection of property). The author directly focuses on the level of disclosure of the concept of "property" in the jurisdictions under study, on the application and relevance of the "triad" of property rights, research on national means of guaranteeing and protecting property rights, and the impact of ECtHR practice on Lithuanian and Ukrainian legal systems. A special place is given to the acute problem of protection of property rights in the occupied territories of Ukraine, in the anti- terrorist operation zone and in the territories affected by the full-scale invasion of the Russian Federation on February 24, 2022. The author examines national law of Lithuania and Ukraine, practices of national courts and practice of the Constitutional Courts, pays attention to the opinions of legal scholars and positions and standards expressed by the European Court of Human Rights in its judicial activity. Among the ECtHR decisions mentioned are the following: Fedorenko v. Ukraine, Daktaras v. Lithuania, Valiuliene v. Lithuania Lithuania, Pyrantienė v. Lithuania, Batrak v. Ukraine, Biletskaya v. Ukraine, Bochan v. Ukraine and other cases. The approach of the European Court of Human Rights to the right guaranteed by Article 1 to Protocol 1 is explained, along the concept of "autonomous interpretation". The structure of Article 1 Protocol No 1 is considered.