Preliminary communication
https://doi.org/10.22598/iele.2017.4.1.1
STRENGTHENING THE COMPENSATORY BASICS FOR VIOLATED SUBJECTIVE CIVIL RIGHTS PROTECTION IN THE EUROPEAN UNION MEMBER STATES AND THE RUSSIAN FEDERATION
Sergey V. Romanchuk
; Civil Law and Procedure Department, Institute of State and Law, Tyumen State University, Tymen, Russia
Svetlana S. Racheva
; Department for Law and Economics, Institute of State and Law, Tyumen State University, Tyumen, Russia
Abstract
The article tackles a problem of disputable issues coming alongside the implementation of public interests for the protection of violated private property rights in the European Union member states and the Russian Federation in regard of the possibility to collect additional (compensatory) or punitive amounts above the prescribed. The article provides an overview of various approaches to defi ne the notion “the right to judicial protection” and the “protection method” in European and Russian legal doctrines. The authors highlight controversial issues of imposing additional (compensatory) payments in Great Britain and Germany as a vivid example of various legal systems in action. The purpose of the article is to substantiate the global task - to develop a mechanism of additional compensation for violated rights in the legislation of the EU, EU member states and the Russian Federation with the focus on proprietary rights.
Keywords
Hrčak ID:
184185
URI
Publication date:
1.6.2017.
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