The contribution describes the peculiarities of the protection of the right to property in the case law of the European Court of Human Rights. It has been found that, given the peculiarities of the legal nature of the right to property, it requires state regulation and may be subject to restriction and interference. Attention is drawn to the predication of any potential interference with the right to property on a general principle, according to which everyone has the right to peacefully enjoy their property. The article further clarifies the forms of interference with the ownership of individuals and legal entities by the state, such as expropriation of property and control over use of property. The triple normative regulation of property relations is investigated, and the elements of the relevant structure were covered in detail. The contents of the three-component test, in particular, its elements, such as the legality of interference with the right to property, the legitimacy of the purpose of such interference, and a fair balance between the interests of protection of the right to property and public interests, are expounded with reference to the awards of the European Court of Human Rights. Particular attention was paid to legality provisions. The contribution further dwells on the conceptual and categorical framework of the terms “general interest” and “public interest.” The authors complete their scientific inquiry with appropriate generalisations and a summary.
Under conditions of the market relations’ development, the growth of social standards, the legislature’s active work, the level of regulation of social relations has increased. In spite of the high level of regulation of the outlined aspects, the participants of civil relations do not always follow the normative rules. Such deviant behavior is caused by various factors. The purpose of this scholarly article is to study the issues of avoidance the norms of law as a manifestation of deviant behavior of participants in civil relations, as well as to develop proposals to prevent its further manifestation. This study has focused on the delinquent type of deviant behavior in social relations. It has been concluded that the deviant behavior of civil relations participants, which is aimed at avoidance the legislative regulation, can be divided into two types: behavior that contains indirect violations of regulations and behavior that does not contain formal violations of regulations. For a better understanding of the causes and factors that cause the phenomena under study, such concepts as ‘legal conscience’ and ‘legal culture’ have been analyzed.
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