Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine
Keywords:private property, human rights, pandemic COVID-19, restrictions, compensation
The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.
AGUIAR RIBEIRO DO NASCIMENTO, G. (2018). The Long Road to the International Recognition of Economic and Social Rights: The Right to an Adequate Standard of Living. The Age of Human Rights Journal, (11), 43-60. https://doi.org/10.17561/tahrj.n11.3
ALEXANDRINA, M. (2002). Content of property rights according to modern Russian legislation. PhD Thesis. Volgograd.
Andrews v. the United Kingdom (Application № 37657/97). [online] Available http://echr.ketse.com/doc/37657.97-en-20000926/
BELYANEVICH, O. (2016). The concept of legitimate expectations and problems of its application by the courts of Ukraine. Private law and entrepreneurship, 16, 41-45.
Council of Europe / European Court of Human Rights. (2019). Handbook under Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms "Protection of Property". [online] Available at: https://unba.org.ua/publications/4513-posibnik-za-statteyu-1-protokolu-1-do-konvencii- pro-zahist-prav-lyudini-ta-osnovopolozhnih-svobod.html
COVID-19 Control Measures — UK Government Statutory Powers and Summary of Economic/Regulatory Interventions to Date. [online] Available at: https://www.sidley.com/en/insights/newsupdates/2020/03/covid19-control-measures
COVID-19: public law right to compensation when deprived of property. [online] Available at: https://www.sidley.com/en/insights/newsupdates/2020/03/covid19-public-law-right-to-compensation-when-deprived-of-property
DEMIR, E. (2017). The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective. The Age of Human Rights Journal, (8), 18-48. https://doi.org/10.17561/tahrj.n8.2
Equality and Human Rights Comission. (1998). The Human Rights Act. [online] Available at: https://www.equalityhumanrights.com/en/human-rights/human-rights-act
KARNAUKH, B. (2016). The concept of property in the context of Article 1 of Protocol № 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. [online] International law. Philosophy of law. Available at: http://oaji.net/articles/2016/3229-1463726142.pdf.
KVITSINSKAYA, M. (2020). In unequal conditions: how the state (does not) save small business. [online] Available at: https://www.epravda.com.ua/rus/publications/2020/05/8/660263/
MATTEY, W. & SUKHANOV, E. (1999). Basic provisions of property rights. Moscow, Jurist.
McBride, J. COVID-19 and Convention. [online] Available at: https://zib.com.ua/ua/142070-covid-19_i_konvenciya_u_yakiy_miri_borotba_z_koronavirusnoyu.html
MEYER, D. (2003). Russian civil law. Moscow, Statut.
NIYAZOVA, A. (2016). Limits and limitations of land ownership: an analysis of approaches. Perm University Bulletin. Legal sciences, 32, 208-215. https://doi.org/10.17072/1995-4190-2016-32-208-215
POBEDONOSTSEV, K. (2003). Civil law course. Moscow, Zertsalo.
POROTIKOVA, O. (2007). Problems of abuse of subjective civil law. Moscow, Walters Kluver.
Saghinadze and Others v. Georgia (Application 18768/05). [online] Available at: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-98885
SCRIABIN, S. (2006). Ownership and other property rights. Almaty, Jurist.
SHVEDKOVA, O. (2004). Acquisition and implementation of ownership of residential premises. PhD Thesis. Moscow.
STIFF, S.M. (2020). COVID-19 response: constitutional protections for private property. [online] Available at: https://crsreports.congress.gov/product/pdf/LSB/LSB10434
TAGER, E., WHITE, E. & HAMILTON, L. (2020). Can They Do That? Possible Constitutional Limitations on State Efforts to Require Business-Interruption and Loss-of-Use Carriers to Cover Small Businesses’ Losses from COVID-19. [online] Available at: https://www.mayerbrown.com/en/perspectives-events/publications/2020/04/can-they-do-that--possible-constitutional-limitations-on- state-efforts-to-require-business-interruption-and-loss-of-use-carriers-to-cover- small-businesses-losses-from-covid19
United Nations. (2020). Emergence measures and COVID-19: Guidance. [online] Available at: https://www.ohchr.org/Documents/Events/EmergencyMeasures_COVID19.pdf
VEDYAKHIN, V. (1992). Legal incentives: concept, types. Jurisprudence, 1, 51-55.
YESHTOKIN, P. (2020). What measures to support small and medium-sized businesses were introduced in Ukraine during the COVID-19 pandemic. [online] Available at: https://volnovakha.city/read/city/79009/yaki-zahodi-z-pidtrimki-malogo-ta-serednogo-biznesu-zaprovadili-v-ukraini-pid-chas-pandemii-covid-19
How to Cite
Copyright (c) 2021 Kateryna Nekit
This work is licensed under a Creative Commons Attribution 4.0 International License.