The role of ECTHR case law in land law: the experience of Ukraine compared to other states

The case law of the European Court of Human Rights plays a varying role in the resolution of land-related legal disputes across different jurisdictions. At the same time, the question of the Strasbourg Court’s influence remains of significant theoretical and practical importance. Under Ukrainian legislation, the case law of the ECtHR is formally recognised as a source of land law. However, approaches to this issue differ substantially across European states. This article examines the role of ECtHR judgments within the Ukrainian legal system, particularly in the context of land law, and provides a comparative analysis with selected European jurisdictions, including the United Kingdom, Ireland, Spain, and Germany. The study also identifies key challenges associated with the recognition and application of ECtHR case law as a source of land law in Ukraine.

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Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-08-11
Primary Topic
Mollusks and Parasites Studies
Type
article
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article

The role of ECTHR case law in land law: the experience of Ukraine compared to other states

Scientific periodicals of Ukraine
Mollusks and Parasites Studies
article

The role of ECTHR case law in land law: the experience of Ukraine compared to other states

article en

Abstract

The case law of the European Court of Human Rights plays a varying role in the resolution of land-related legal disputes across different jurisdictions. At the same time, the question of the Strasbourg Court’s influence remains of significant theoretical and practical importance. Under Ukrainian legislation, the case law of the ECtHR is formally recognised as a source of land law. However, approaches to this issue differ substantially across European states. This article examines the role of ECtHR judgments within the Ukrainian legal system, particularly in the context of land law, and provides a comparative analysis with selected European jurisdictions, including the United Kingdom, Ireland, Spain, and Germany. The study also identifies key challenges associated with the recognition and application of ECtHR case law as a source of land law in Ukraine.

Scientific periodicals of Ukraine
Leonid Yuzkov Khmelnytskyi University of Management and Law (UA)
Peace, Justice and strong institutions
Openalex Percentile: Top 44%
Mollusks and Parasites Studies
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