Civil legal mechanisms for protection of property rights of internally displaced persons: national practice and international experience

Abstract

Domestic society faced the difficult realities of a full-scale war, which led to internal displacement of the population, damage, loss of property, and complications in the implementation of the constitutional right to property of citizens. Within this framework, there was an urgent need to form effective civil legal mechanisms for protecting the property rights of internally displaced persons (IDPs), taking into account national legislation and international legal standards.
The study focuses on the analysis of legal instruments that are currently actively used in Ukraine, including judicial and administrative protection, as well as preventive measures aimed at preventing the illegal seizure or destruction of property. Special attention is paid to international experience, based in particular on the Piñeiro Principles, the practice of the European Court of Human Rights and other international instruments that recognize the priority of restitution as the optimal way to restore violated rights. The experience of Croatia is separately considered, where after the armed conflict of the 1990s a comprehensive system of property restitution and compensation for displaced persons was created, combining judicial procedures, administrative mechanisms and international practice. Israel’s experience in protecting the rights of internally displaced persons is also valuable.
The comparative analysis conducted in the article allows us to identify effective approaches that are currently appropriate to be implemented in Ukrainian legislation in order to ensure full and fair compensation for losses or return of property. The author emphasizes the need to develop a comprehensive system for protecting the property rights of IDPs, which will combine legal, organizational and informational support for affected persons. The proposed conclusions and recommendations are of practical importance for improving legislation, increasing the efficiency of law enforcement practice and strengthening guarantees for the implementation of property rights in the conditions of the war and post-war period.