The role and importance of dissenting opinion of judge of European Court of Human Rights
Journal Title: Альманах міжнародного права - Year 2016, Vol 13, Issue
Abstract
The article deals with the pressing questions of legal nature, role, signs, kinds and legal consequences of separate opinions of judges and to determination of concept and features of separate opinion of judge of European Court of Human Rights. On results research it is set: a) separate opinions of judges of European Court of Human Rights, expounded in concrete business, contain positions that differ from majority of judges that participated in voting opinion; b) in basis of disagreement with a decreet there can be other theoretical construction fixed in basis of argumentation and conclusions; c) appearance of separate opinions of judges of European Court of Human Rights is conditioned them by a scientific world view, as they are the representatives of the states with the different legal systems and legal traditions; d) expressing separate opinion a judge is unconnected the previous decisions of European Court of Human Rights; e) by a separate idea the judge of European Court of Human Rights can form new doctrine basis of decision; f) separate opinion of judge of European Court of Human Rights does not cause legal consequences, but can be interesting both for scientists and for practical workers and specialists in the different fields of law; g) separate opinion of judge of European Court of Human Rights can be the source of right an as such that generate law.
Authors and Affiliations
В. А. ЗАВГОРОДНІЙ
Keywords
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