Post-Conflict Reparation: Ukrainian Restitution Remedies for Property and Restitution Complaints before the European Court of Human Rights
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Date
2016
Authors
Antsupova, Tetyana
Journal Title
Journal ISSN
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Abstract
This article describes the proposed Ukrainian legislation on national remedies for the restitution
of property damaged or destroyed during the conflicts in Eastern Ukraine and Crimea. Noting
gaps in this proposed legislation, it emphasizes the need for an effective National Strategy for
post-conflict reparations and a related Action Plan. The article also analyzes the European Court
of Human Rights’ decision in Lisnyy and Others v. Ukraine and Russia, in which the Court ruled
inadmissible for want of evidence the applicants’ complaints about the shelling of their homes
in Eastern Ukraine during the hostilities there that began in April 2014. The article concludes
by examining the Lisnyy and Others v. Ukraine and Russia decision’s implications for a national
remedy for the restitution of property damaged or destroyed during the ongoing hostilities.
Description
Keywords
Restitution (restitutio in integrum), the case of Lisnyy and Others v. Ukraine and Russia, internally displaced persons, compensation for housing destroyed or damaged, Article 1 of Protocol No. 1 to the ECHR, European Court of Human Rights, article
Citation
Antsupova T. Post-Conflict Reparation: Ukrainian Restitution Remedies for Property and Restitution Complaints before the European Court of Human Rights / Tetyana Antsupova // Kyiv-Mohyla Law and Politics Journal. - 2016. - No. 2 : Legal and Political Dimensions of Contemporary Conflicts in Europe. - P. 217-226.