(Non)violation of the property rights of business entities: separate expositions from the practice of the ECtHR

Abstract

This article is devoted to the study of the essence and role of the principle of inviolability of property rights in the economic life of economic entities. In order to achieve the set goals, decisions of the European Court of Human Rights were analyzed: both key and current case law.
 The main principles of the proper implementation of property deprivation and control over the use of property at the national level by the participating states have been determined. A key role among such principles is played by the principle of the legitimate purpose of interference with property rights in the public interest and the principle of fair balance. Thus, any interference with the exercise of rights or freedoms recognized by the Convention must pursue a legitimate aim. And there must be a reasonable proportional relationship between the means used and the goal pursued by any measures taken by the state, including measures aimed at depriving a person of his property. Thus, in every case involving an alleged violation of this article, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inactions of the state.
 To ensure the reliability and completeness of the obtained results, authors used a complex of general scientific and special methods, which are characteristic primarily of legal science, in the scientific research. The complex use of such methods ensured the achievement of the goal and objectives of the research, as well as the persuasiveness of the formulated conclusions. The research was conducted primarily using the system-structural method and the dialectical method of learning legal reality.
 Based on the conducted research, authors came to the conclusion that, despite its long history, it should be recognized that the right of ownership, as before, remains almost the most controversial institution of private law. For Ukraine, the topic of property has always been one of the cornerstones in law, politics, and philosophy. Over the past two centuries, the attitude to property has changed radically several times: this legal institution reflected the feudal peculiarities of property relations regulation, then capitalist, socialist with a socio-economic orientation, and today its purpose is seen in ensuring reliable, stable relations in the conditions of a market economy.