Comparison of Approaches to Resolving Disputes Related to the Protection of Property Rights by Russian Courts and the ECHR

• Vershinina T.K.

  Vershinina T.K. – student of the department Law, Vladivostok State University of Economics and Service Vladivostok. Russia

• Литвинова Светлана Федоровна

  Litvinova S.F. – Candidate of Law, associate professor, Vladivostok State University of Economics and Service Vladivostok. Russia

The subject of the study is the law enforcement practice of the Russian courts and the European court of human rights (ECHR) related to the protection of property rights. The aim of the work is to determine the reasons for satisfaction of the ECHR complaints to Russia about the violation of its property rights. In this connection, the method of comparative law was applied. The results of the study can be used in legal practice, including in the preparation of complaints to the ECHR. The main result of the study was the conclusion that the basis for the satisfaction of the ECHR complaints against Russia for violation of its property rights is a violation of property rights at the stage of determining the proportionality between the interests of the applicant and society, both in material and in procedural aspects. According to the opinion of ESP, expressed in its rulings, the observance of balance of interests must be carried out by study of the interests of society in a specifc case and the Complainant’s return to the position in which he would have been in the absence of rights. Since the violations in most of the analyzed cases occur in relation to the apartments of the applicants, it is necessary to observe the legality of the procedure for the seizure of real estate and its transfer by the municipal authorities, as well as by the bodies carrying out the registration of these legal relations. The risk of making a mistake by a public authority must be borne by the state. In order to maintain a fair balance between the interests of the state and the individual, measures should be taken to compensate bona fde purchasers of seized property through the payment of compensation or the provision of replacement housing

Keywords: property right, judicial protection of property right, ECHR.