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
Related Articles
- EP ID EP443541
- DOI -
- Views 90
- Downloads 0
Approaches of Chinese international legal doctrine and the laws of the PRC to the relationship between international and national law
In the present research, the author analyzes approaches of Chinese international legal doctrine and legislation of the PRC to the problem of relationship between the norms of international and national law. It is noted t...
International legal standards and regulation of criminal liability for attacks on sexual inviolability in foreign countries
The purpose of this article is a comprehensive description of international legal standards and foreign experience in the regulation of attacks on sexual inviolability of a person. The text of the article is divided in...
Smuggling of endangered species of fauna through the checkpoints between Poland and Ukraine
In the article, smuggling peculiarities of endangered species of fauna through border crossing points between Poland and Ukraine have been analyzed. The article highlights the chronology of European Union accession to...
Black Sea Synergy and combatting crime
The paper considers the problem of defining the characteristics of counteraction to crime in the countries of the Black Sea Synergy. Based on the comparative analysis, the concept, content and directions of counteracting...
Combating crime phenomenon of trafficking of cultural
In the article the legal rules and laws governing the transport of cultural values both within the EU and beyond. The authors highlight the main problems of cultural values, cultural values fraud, smuggling cultural valu...