INFLUENCE PRACTICE OF EUROPEAN COURT OF HUMAN RIGHTS ON ACTIVITY OF ORGANS THAT APPLY A RIGHT IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
In this article author investigated a question about the value of practice of European Court of Human Rights for organs that carry out activity in relation to application of right in Ukraine, and also investigated the aspects of her influence on the subjects of application of right. An author is determine four basic aspects (directions) of influence of practice of European Court of Human Rights on the subjects of application of right, namely: 1) informative aspect – informing of subjects application of right about legal positions of European Court of Human Rights; 2) educator aspect – is influence practice of European Court of Human Rights on persuasion of subjects application of right, about the necessity of application of legal positions European Court of Human Rights and their priority to a national legislation; 3) law-enforcement aspect – is not violation of Convention by the subjects of application of right; 4) social aspect – is leading to of legal positions of European Court of Human Rights to many citizens, and also realizations of the social monitoring after the international obligations of the state. An author suggests to define in a law principle of activity of organs application of right: organs and public servants that operate on basis, within the limits of plenary powers and in a method, that certain Constitution and laws of Ukraine, necessarily apply practice of European Court of Human Rights as a source of right. In case of disparity norm of national law to practice of European Court it is necessary to apply practice of European Court as international standard of protection of human rights.
Authors and Affiliations
В. А Завгородній
Keywords
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