| Article | Characteristics of Dwelling under the Legislation of Ukraine and Practice of the European Court of Human Rights |
|---|---|
| Authors |
Haliantych M., Samoilenko H.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 4 / 2015 |
| Pages | 88 - 96 |
| Annotation | The article studies the concept of «dwelling» given the understanding thereof as a property and non-property value manifested in the implementation of the human right to dwelling. The specific development of this institution implies expanding new types of residential real estate which may fail to correspond to the concept of «dwelling». The need to analyze the application of the concept of dwelling in various acts with a view to set common terminology is emphasized. The current legislation of Ukraine has no uniform approach to the determination of residential real estate legal nature. Legal regulation of the above legal institute is a complex phenomenon that encompasses state, administrative, criminal and civil law aspects. Numerous controversies in regulation of certain legal concepts greatly complicate the implementation of practical mechanisms for the protection of civil rights in accordance with practice of the European Court of Human Rights. The position of recognition dwelling as both property and non-property value, separating private sphere of an individual from others that has a specific psychological (spiritual) influence on a person whose elements are its integrity and protection against unauthorized penetration of others in privacy is substantiated. |
| Keywords | dwelling, value, inviolability of dwelling, privacy. |
| References | |
| Electronic version | Download |