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.
Institutions
- Leonid Yuzkov Khmelnytskyi University of Management and Law (UA)
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-08-11
- Primary Topic
- Mollusks and Parasites Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00