Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine

Kateryna Nekit

doi:10.17561/tahrj.v16.6275

Authors

Kateryna Nekit

DOI:

https://doi.org/10.17561/tahrj.v16.6275

Keywords:

private property, human rights, pandemic COVID-19, restrictions, compensation

Abstract

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.

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