Judicial Approaches to the Protection of the Constitutional Right to Property During the Economic Crisis: Russian and Foreign Experience

This paper is devoted to the study of the Russian and foreign courts approaches to protection of property rights during economic crises. Crises are an integral part of the economic cycle, both for the whole world and for the modern economy. Many countries in Europe have adopted austerity measures to overcome it. A number of researchers trace the connection between the consequences of the crisis and restrictions on fundamental rights. The economic crisis affects not only the stability of the economy and economic growth, but also the quality of the observance of human and civil rights and freedoms. In a situation of economic crisis, the state is not always able to cope with the situation with the help of its own resources, so they are forced to interfere the right of private property, limiting it for the public good. The question is whether such interference is always justified and proportionate towards the goal set in the form of overcoming the economic crisis? In this regard, it is important to understand legal and economic meaning of property rights, as well as a phenomenon of economic and public interest, in the name of which the states restrict rights and freedoms (especially property rights) during crisis situations in the economy. Also in the work studied the practice of the courts of Russia and foreign countries that have felt the impact of economic crises. The paper attempts to trace the change in approaches of courts to resolve economic crises. Also made an attempt to apply the method of balancing rights to the resolution of property rights cases.