Законът за отнемане в полза на държавата на незаконно придобитото имущество в светлината на международното право на собственост
The Law on confiscation in favor of the State of illegally acquired property in the light of the International Law of Property

Author(s): Emil Konstantinov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: illegally acquired property; international law of property; constitutional court; unconstitutionality; human rights; fundamental freedoms
Summary/Abstract: The issue related to The Law on confiscation in favor of the State of illegally acquired property in the light of the International Law of Property has become relevant in connection with the Constitutional Court case № 6/2012. In the request of a group of deputies to establish the unconstitutionality and contradiction with international treaties of The Law on confiscation in favor of the State of illegally acquired property, it is alleged that, that numerous individual texts of this law are in "drastic contradiction with European Convention for the Protection of Human Rights and Fundamental Freedoms". The question is important, because these international treaties become part of a country's domestic law and take precedence over those norms of domestic law which their contradict. As a result of the analysis in the article, it can be concluded that the Law on confiscation in favor of the State of illegally acquired property does not violate the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights relating to the right to property.

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