Safeguards from unlawful deprivation of property in the Macedonian legislation and the European Convention on Human Rights

Abstract

Even though the right to property is not a personal right by its nature, still it enjoys the same level of protection as personal right does in national and international laws. This is due to the fact that the person’s right to hold property is of crucial importance in the existential, social and legal sense of the word. Provisions guaranteeing the protection of property are found nowadays in the highest form of legislation such as constitutions and other founding documents on a national level and also in an internationally binding document like the European Convention on Human Rights. The main objective of this paper is to analyze the effectiveness of the legislation set forth to ensure the protection of property in the Macedonian legal system. The analysis includes the constitutional provisions guaranteeing the protection of property, the protection of property under the general Law of Ownership and Other Real Rights and under special laws, overlook of the regulation concerning interference or deprivation of property in the public interest, for payment of taxes and enforcement of penalties, and the compliance of Macedonian legislation with the rules and standards for the protection of property set by the European Convention on Human Rights.