Примеры использования Restitution laws на Английском языке и их переводы на Русский язык
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It further explains that restitution laws were adopted as part of a twofold approach.
Following the collapse of communist administration in 1989, several restitution laws were enacted.
The restitution laws were among those laws which sought to transform the whole society.
The Croatian case reveals the importance of integrating appropriate restitution laws within the legal structure of the State in a manner which is non-discriminatory.
The restitution laws were part of the objective to transform society and to carry out economic reform including the restitution of private property.
In this judgment, the ECHR requested the adoption, by 12 July 2012,of general measures capable of affording adequate redress to all the persons affected by the restitution laws.
The State party further explains that the restitution laws were part of the objective to transform society and to carry out economic reform including the restitution of private property.
However, the author submitted her case to the Committee only on 24 April 2006,with a delay of more than 11 years after the expiry of the normal time limits for steps to be taken when using restitution laws.
In fact, at the moment when such time limit elapsed, restitution laws ceased to be applicable, and if these laws discriminated against her, as she alleges, the situation of discrimination ended.
On the merits of the case, the State party refers to its observations submitted to the Committee in similar cases, in which it outlined the political circumstances andlegal conditions for the restitution laws.
It concludes that the communication should only be examined as it relates to the alleged discrimination contained in restitution laws adopted after the entry into force of the Optional Protocol on 12 March 1991.
Restitution laws were among those whose objective was the transformation of the whole society, and it appeared adequate in connection with the economic reforms to prefer the straightening out of ownership relations in favour of the country's citizens.
The author alleges a violation of his right to non-discrimination,under article 26, as the restitution laws currently in force in the Czech Republic discriminate against him on the basis of his Sudeten German descent.
The Committee notes that the State party calculates the delay from 1995, which was the time limit,as established by the decision of the Constitutional Court, set for individuals with Czech citizenship to invoke restitution laws and obtain restitution. .
Efforts must be made to ensure that humanitarian and shelter assistance,as well as the restitution laws, mechanisms and institutions that may emerge in post-disaster situations, do not intentionally or by default discriminate on the basis of tenure status.
Even if the authors had satisfied the citizenship condition, it is not clear whether they would have been successful in obtainingrestitution of their property, given that the District Court rejected their claims on the ground that they were not entitled persons under the restitution laws.
The authors disagree with the State party's argument that their claim should beconsidered inadmissible ratione temporis, since the relevant Czech restitution laws and court decisions were adopted after the Covenant had entered into force for the Czech Republic.
It clarifies that the restitution laws were adopted as part of a twofold approach. First, in an effort to mitigate, to a certain degree, some of the injustices committed earlier; and second, in an effort to carry out a speedy and comprehensive economic reform, with a view to introducing a market economy.
Died, and the son of the couple contacted another lawyer enquiring about restitution of their property.On 20 May 2003, he received a letter explaining that they had no options to get their property back as the restitution laws did not apply to Czechs who had lost their citizenship.
Restitution laws were among those whose objective was the transformation of the whole society, and it appeared adequate to put in place restrictive preconditions, including that of citizenship, which was envisaged to ensure that due professional diligence would be devoted to returned property.
The authors submit that they did not appeal the above decision before the national courts, because they considered that the appeal would be futile, taking into account a judgment of the Czech Constitutional Court of 4 June 1997,whereby the Court refused the request to strike out the condition of citizenship in the restitution laws in a case similar to theirs.
The State party adopted the restitution laws, including Law No. 229/1991, as part of two-fold efforts: first, in an effort to mitigate, to a certain degree, at least some of the injustices committed earlier; second, in an effort to carry out speedily a comprehensive economic reform with a view to introducing a market economy.
The Committee notes the statement of the author that the essence of her complaint is that the Czech authorities have violated her right to equal treatment by arbitrarily denying her right to restitution on the basis of Laws Nos. 229/1991 and 243/1992 with the argument that the properties of her adoptive grandfather were confiscated under Law No. 143/1947 and not under Benes' Decrees Nos. 12 and108/1945 and therefore the restitution laws of 1991 and 1992 would not apply.
The State party further refers to its earlier submissions in similar cases, and indicates that its restitution laws, including Act No. 87/1991, were part of a two-fold effort: to mitigate the consequences of injustices committed during the Communist rule, on the one hand, and to carry out comprehensive economic reform with the objective of introducing a well-functioning market economy, on the other.
The State party further refers to its earlier submissions in similar cases, and indicates that its restitution laws, including Act No. 87/1991, were part of two-fold efforts: to mitigate the consequences of injustices committed during the Communist rule, on one hand, and to carry out speedily a comprehensive economic reform with a view to introducing a well-functioning market economy, on the other.
On the merits,the State party indicates that its restitutions laws, including Act 87/1991, were designed to achieve two objectives.
The restitution law permits this kind of application for land in another location as a kind of compensation.
The authors claim that in their cases domestic remedies are non-existent,because they do not qualify under the restitution law.
The State party invokes the judgements of the Constitutional Court,which upheld the constitutionality of the restitution law, specifically the precondition for citizenship.
The authors explain that the aim of their communication is to induce the State party to pass a restitution law enabling Sudeten Germans and their legal successors to bring property claims before domestic courts.