REGULATORY IMPACT OF EUROPEAN COURT OF HUMAN RIGHTS PRACTICE ON THE LEGAL ACTIVITY IN UKRAINE
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
This article deals with modern scientific approaches to the understanding of the general theoretical category «legal regulation», its methods and types. On the basis of the obtained knowledge the author has exposed the content of the concept «the regulatory impact of the Convention and the practice of the European Court of Human Rights on legal activity in Ukraine» and its characteristics. According to the results of the study, he has made following conclusions are that have a methodological significance: a) Conventional law-order as a result of such influence is ensured by means of a special legal regime, which is a combination of methods and types of legal regulation; b) within the framework of the regulatory influence of the Convention and the European Court practices, the conduct of a person is arranged by means of universal access, as a type of legal regulation; c) the subjects’ behavior having state-power duties is ordered by means of an imperative method of legal regulation, which has elements of discretion; d) normative regulation of social relations is carried out by the Convention as part of the national legislation of Ukraine; d) the operative part of the final judgment of the European Court against Ukraine makes individual legal regulation of the behavior of personalized subjects of public relations, namely, state bodies and the complainant; g) European Court’s legal positions as part of its final decisions and the result of the official interpretation of the conventions, does not exercise an independent regulatory influence on social relations, but only together with Convention’s norms and having normative character. The author has proposed the following concept of the investigated legal phenomenon: «The regulatory impact of the Convention and the practice of the European Court of human rights on legal activity in Ukraine is their effect on social relations, the subjects’ behavior in order to regulate, protect and develop, whose manifestations are normative regulation, which is carried out by a motivating part of the final decisions of the European Court together with the Convention’s norms, the content of which has been clarified, and / or the individual regulation implemented by the operative part of the final decisions of the Strasbourg Court of the Council of Europe.
Authors and Affiliations
Vitaliy Zavhorodniy
Keywords
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- EP ID EP451045
- DOI 10.32366/2523-4269-2018-65-4-63-69
- Views 95
- Downloads 0
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