Features of the application of standards of international protection of property rights in decisions of national courts

Suyunova Zaira Muharbievna

This article discusses the application by national courts of the provisions of the European Convention on Human Rights, the content of which is reflected in the decisions of the European Court of Human Rights. The author analyzes the problem arising from the contradiction between the principle of subsidiarity implemented by the ECHR and the principle of freedom of national discretion implemented by the Constitutional Court of Russia. The author noted the lack of a unified approach to the interpretation of such crucial elements in the field of property protection as the concept of indirect nationalization, balance of interests, public control of the state over property.

Keywords:protection of property rights, principle of subsidiarity, principle of freedom of national discretion, indirect nationalization, protection of public interest, balance of private and public interest.