E. Linik, I. Bulyk PROTECTION OF PROPERTY RIGHTS OF INTERNALLY DISPLACED PERSONS

PROTECTION OF PROPERTY RIGHTS OF INTERNALLY DISPLACED PERSONS

Abstract

The article is devoted to the problem of providing and protecting the property rights of internally displaced persons in the context of a military conflict and conducting an antiterrorist operation in eastern Ukraine and as a result of the an-nexation of the Autonomous Republic of Crimea and the city of Sevastopol.

It was established that the main problems associated with the protection of property rights of internally displaced persons are: 1) the fact that part of the terri-tory of Ukraine is under the control of an aggressor, therefore, in such conditions it is practically impossible to guarantee the right of ownership; 2) the majority of in-ternally displaced persons lost their property or suffered significant damage as a result of the conflict and did not receive the necessary compensation or assistance in its restoration; 3) in zones that are not under the control of the Ukrainian gov-ernment and on the line of demarcation, property expropriation is carried out on a scale that is difficult to assess; 4) National banks place immigrants as a condition for providing banking services, more complex procedures and rules that create some difficulties for them; 5) the declarative nature of the current national legislation and the lack of a real mechanism for the implementation and enforcement of migrants’ rights; 6) the lack of practical experience of national courts in applying the law on property rights protection in a situation of armed conflict.
The practice of the European Court of Human Rights (ECHR), the positive experience and practice of countries with similar problems, as well as international standards, which in aggregate will serve as the basis for establishing the evidence base for judicial protection of victims of conflict, may be helpful in solving these problems.