Right to respect for family life: problems of the application of the European Court of Human Rights’ practice concerning forced return to Ukraine and banishment from Ukraine
Journal Title: Актуальні проблеми правознавства - Year 2018, Vol 4, Issue 4
Abstract
The problem of the non-use by Ukrainian courts of the judicial practice of the European Court of Human Rights concerning the right to respect for family life upon consideration of the cases on the forced return to Ukraine and banishment from Ukraine of the foreigners or stateless persons have been researched in the article. It is pointed out on the insufficiency of consideration upon consideration of the cases on the forced return to Ukraine and banishment from Ukraine of only the fact of violation of legislation on migration by the foreigner or stateless person as well as of the fact of avoiding of exit out of the country at the expiration of the allowed period of residence. It is noticed that such judgements should be entered proportionally in particular with keeping necessary balance between unfavourable consequences for the rights, freedoms and interests of the person and the aims, on achievement of which those decisions are directed.
Authors and Affiliations
Oksana Yaremko
Keywords
Related Articles
- EP ID EP484757
- DOI -
- Views 110
- Downloads 0
Legal status of married couple in Ancient Athenian’s family
The article attempts to highlight the peculiarities of the legal status of married couple in a family of Ancient Athens. Authority, grounds for limiting rights and freedoms of wife in accordance with customary law and la...
Head of the penitentiary institutions: the issue of legal consolidation of the requirements of professional competence
The article deals with the professional competence and managerial role of the leader in the field of execution of punishment. The main features of the professional competence of the leader in the conditions of the reform...
A right for citizens on a health protection
This article is devoted research of some aspects of right for citizens on the guard of zdorovya. Recognition the modern state of national medical legislation and to the leadthrough of row of reforms in industry of medeci...
Working with information as a part of transparency in the activities of prosecutors
The article investigates the general provisions of information support of the prosecution of Ukraine in the modern state, characteristics and classification of information in the prosecution activity. It is designed to e...
Foreign experience of decentralization and proposals for Ukraine
The article is devoted to the analysis of foreign experience in the process of decentralization of public administration, redistribution of powers between the branches of power, changes in relations between citizens and...