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https://doi.org/10.32914/i.55.1-2.3

EUROPEAN HUMAN RIGHTS STANDARDS: THE PRACTICE OF APPLYING ECTHR DECISIONS

Olha O. Barabash ; Department of General Law Disciplines, Lviv State University of Internal Affairs, Lviv, Ukraine
Kateryna R. Dobkina ; Faculty of Law, Institute of Management, Technology and Law, State University of Infrastructure and Technologies, Kyiv, Ukraine
Svitlana V. Senyk ; Department of Civil Law and Procedure, Ivan Franko National University of Lviv, Lviv, Ukraine
Yevgeniya M. Klyuyeva ; Department of Economic and Transport Law, State University of Infrastructure and Technologies, Kyiv, Ukraine
Alina S. Martiuk ; Department of Law, State University of Infrastructure and Technologies, Kyiv, Ukraine

Sažetak

Given the need to bring Ukrainian law in line with the norms and principles of international law, it is important to study European legal experience and European legal doctrine. The purpose of the article is to study the current problems of using the legal positions of the ECtHR in the decisions of Ukrainian courts. The study found that despite the legal consolidation of the status of ECtHR decisions as a source of law in Ukraine, the reasons that hinder the proper application of ECtHR practice are the lack of a systematic and well-established methodology for motivating court decisions using effective interpretative interpretation of ECtHR on specific decisions.The need to develop practical recommendations and methods of direct use of the practice of the Strasbourg court in the decisions of Ukrainian courts is pointed out. The methodological basis of the study is a dialectical method of cognition, which allows to explore problems in the unity of their social content and legal form, logical-semantic method, method of synthesis, system-structural method, sociological and statistical method and others. The practical significance of the obtained results is determined by the ability to increase the role of ECtHR decisions in ensuring human and civil rights in a democratic society.

Ključne riječi

human rights; human rights protection; judicial decision; lawfulness; right to a fair trial

Hrčak ID:

269960

URI

https://hrcak.srce.hr/269960

Datum izdavanja:

1.1.2022.

Posjeta: 1.183 *