The problems of interpretation provisions of the European Convention on Human Rights (1950) in the Ukrainian legislation and jurisprudence: Objective and subjective factors
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article analyzes the subjective and objective factors of the problem of interpretation provisions of the European Convention on Human Rights (1950) and the practice of the European Court of Human Rights. In Ukraine, the practical and effective implementation of the provisions of the European Convention on Human Rights (1950) makes powerful systemic steps in the national legal order. A regulatory framework, which has been established, defines the duty of domestic courts as application the practice of the European Court of Human Rights and using it when interpreting the provisions on rights and freedoms. However, the analysis of jurisprudence testifies about the insufficient influence of conventional standards on jurisprudence. It has been established that problems of a subjective nature consist in the lack of proper legal training and an appropriate level of awareness of the content of the Court's decisions, as well as of the principles and doctrines on which they are based; It was ascertained that problems of an objective nature are generally caused by the lack of essential vision at the state level of proper instruments for the implementation of European human rights standards in the Ukrainian legal system.
Authors and Affiliations
С. Б. Карвацька
Keywords
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