Post-Conflict Reparation: Ukrainian Restitution Remedies for Property and Restitution Complaints before the European Court of Human Rights

Tetyana Antsupova

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.

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

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References


Allen, Tom. “Restitution and Transitional Justice in the European Court of Human Rights.” Columbia Journal of European Law 13.1 (2007): 1–46.

Antsupova, Tetyana. “European Convention on Human Rights as a Legal Basis of the Concept of Positive Obligations of the States-Parties.” In The Influence of Contemporary Constitutions on Relations between Individuals, edited by M. Florczak-Wator, 259–78. Kraków: Księgarnia Akademicka, 2015.

Ballard, Megan J. “Post-Conflict Property Restitution: Flawed Legal and Theoretical Foundations.” Berkeley Journal of International Law 28.2 (2010): 462–96.

Buyse, Antoine. “Lost and Regained? Restitution as a Remedy for Human Rights Violations in the Context of International Law.” Heidelberg Journal of International Law (Zeitschrift für ausländisches öffentliches Recht und Völkerrecht) 68 (2008): 129–53.

Drucker, Alfred. “Restitution in International Law.” The International and Comparative Law Quarterly 15.1 (1966): 263–69.




DOI: https://doi.org/10.18523/kmlpj88604.2016-2.217-226

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Kyiv-Mohyla Law and Politics Journal

ISSN 2414-9942


National University of Kyiv-Mohyla Academy
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