Article | Maydanyk R. Proportionality and the Right of Ownership: Doctrine and Judicial Practice |
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Authors | Maydanyk R. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2016 |
Pages | 41 - 54 |
Annotation | The article investigates the proportionality as an element of liberal social purpose of law and a general principle of law. The problems of proportionality in the jurisprudence of the ECHR are highlighted. The analysis of proportionality in legislation and judicial practice in Ukraine are analyzed. |
Keywords | liberal legal thinking, the principle of proportionality, «equitable balance» between the interests of the state (society) and private persons, limits of subjective rights as «essential individual burden» |
References | |
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