Property Right in the Practice of the European Court of Human Rights.

The following master’s thesis examines the institution of property law through the prism of the case law of the European Court of Human Rights, taking into account the approach of the Russian Constitutional Court and the international legal background. The work presents the result of an analysis of more than 100 cases in which the European Court interprets Art. 1 of Protocol № 1 to the European Сonvention and contains the author's classification of the reference by the European Court the property rights in the category of «property». The author substantiates the "triad" of criteria for lawful interference with property rights, formulated by the European Court, and based on their analysis, a list of public interests is presented, the protection of which is the basis for restricting property rights in the context of the provisions of Art. 1 of Protocol № 1. A conclusion is drawn confirming the necessity to take into account the subsidiary role of the EuropeanCourt in relation to the national remedies. The expediency of the ratification by the Russian Federation of Protocol No. 16 to the European Convention as a way to avoid constitutional and convention conflicts is emphasized. The necessity of improving national legislation and the implementation of the standards of the protection of property rights developed by the European Court s into the Russian legal system and law enforcement practice of the Constitutional Court of the Russian Federation is substantiated.