LEGAL REGIME OF PROPERTY RIGHTS UNDER MARTIAL LAW IN COMPARISON WITH INTERNATIONAL CASE LAW OF THE ECHR

The right to property is characterised by a long development from its recognition in international law, first in the national legislation of the state, and then in international law as one of the fundamental human rights, to the institutions of international human rights law that provide adequate protection. As the basis for the functioning of a modern civil society, the institution of property occupies a special place in the public life of a state, including Ukraine. Among the first multilateral international treaties on the protection of property rights of a certain category of persons are the Hague Conventions of 1899 and 1907, which confirmed the principle of inviolability of private property in the conduct of hostilities, which has emerged as a customary norm of international law. The protection of property rights during hostilities was further developed in accordance with the provisions of the Geneva Convention relative to the Protection of War Victims of 1949. The most detailed protection of property rights is provided for in regional documents, such as the 1950 Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)1, the American Convention on Human Rights of 1969 and the African Charter on Human Rights of 1981. Currently, it is generally recognised that Protocol 1 to the ECHR represents the most effective model of human rights protection at the regional (European) level among other international treaties.