Article | Expropriation and Withdrawal of Property: European Judicial Practice |
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Authors | Kossak V. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2016 |
Pages | 93 - 100 |
Annotation | In article the bases of the termination of the property right in practice of EU countries are considered. This way of compulsory withdrawal of property is an exception from the principle of non-infringement of the right of a private property. Practice of the European court and courts of member countries of the EU testifies to human rights that the main problem of right application is the ratio between public and private interests. Experience of the European countries testifies to need of establishment of objective legal grounds of expropriation of the property right proceeding from motives of public need. Thus the balance of public and personal interests has to be provided. In case of expropriation temporary criteria of withdrawal, impossibility to satisfy public interests in any other manner and a way of use of property after the act of expropriation matter. |
Keywords | expropriation, the bases of compulsory withdrawal of property, public interest, the right of a private property, a restitution of the expropriated property. |
References | |
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