PROTECTION OF LAND RIGHTS IN THE EUROPEAN COURT OF HUMAN RIGHTS
Course: “Law”
Structural unit: Education and Research Law School
Title
PROTECTION OF LAND RIGHTS IN THE EUROPEAN COURT OF HUMAN RIGHTS
Code
ВБ. 01.09.09.
Module type
Вибіркова дисципліна для ОП
Educational cycle
Second
Year of study when the component is delivered
2021/2022
Semester/trimester when the component is delivered
2 Semester
Number of ECTS credits allocated
3
Learning outcomes
Students' achievement of such competencies, skills and abilities as: knowledge of the place and role of the European Court of Human Rights in the mechanism of human rights protection; knowledge of the basic provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms that can be applied to protect land rights in the European Court of Human Rights, and practices for their application, skills of applying to the European Court of Human Rights and other procedural documents in the Court and enforcement of the judgment of the Court; skills in constructing legal arguments related to the application of the Convention.
Form of study
Prerequisites and co-requisites
Students have an idea of the content and significance of the Convention for the Protection of Human Rights and Fundamental Freedoms, the structure and powers of the European Court of Human Rights, the role, significance and main trends in the case law, system and content of land rights and main features of their protection. They have skills in drafting legal documents.
Course content
The academic discipline introduces students to the peculiarities of the protection of land rights in the European Court of Human Rights. Considerable attention is paid to the application of Articles 6, 8, 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as Article 1 of Protocol No. 1 to the Convention, national legislation of Ukraine on the protection of land rights and enforcement of Court decisions.
Recommended or required reading and other learning resources/tools
1. Guide on Article 1 of Protocol No. 1 to the European Convention on Human Rights – Protection of property. Council of Europe.
2. Guide on Article 13 of the European Convention on Human Rights – Right to an effective remedy. Council of Europe.
3. Guide on Article 8 of the European Convention on Human Rights. Right to respect to private and family life. – Council of Europe.
4. Guide on Article 8 of the European Convention on Human Rights. Right to a fair trial (civil limb). – Council of Europe.
5. Miroshnychenko A. The value of the decision of the European Court of Human Rights in the case "Stretch v. The United Kingdom to assess the legal consequences of violating the procedure of alienation of state and communal lands" // Law of Ukraine. - 2016. - № 1. - P. 55-62.
6. Miroshnichenko A.M. European Court of Human Rights as a lever to change domestic land legislation // Law and Management - 2012. - № 2. - P. 509-517.
Planned learning activities and teaching methods
Leсtures, practical sessions, individual work
Assessment methods and criteria
Types of continuous assessment are selected by the instructor who conducts practical classes in accordance with the training program. The instructor, who conducts practical classes, sets the number of grades scored from the continuous assessment and enters them in the relevant documents of student performance. If a student is absent from a practical lesson for good reasons, he/she may make up the missed class in extra-curricular classes within 7 days after the missed class during during the teacher's consultation hours. Academic detention is carried out by oral examination or by performing another type of task set by the instructor. Grades are not awarded for missed classes. At the end of the semester, student’s missed classes are not made up
Language of instruction
Ukrainian
Lecturers
This discipline is taught by the following teachers
Departments
The following departments are involved in teaching the above discipline