Article title The Application of the European Court of Human Rights Judgements by Ukrainian Courts in the Process of Land Disputes
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2016
Сторінки [124-131]
Annotation

The problem of application of the European Court of Human Rights practice with the national courts is studied. The authors both gave the characteristics of the application of the European Court of Human Rights judgments by the Ukrainian Courts situation and did the classification of such judgments. The result of the research is the conclusion that Ukrainian Courts apply the judgments of the European Court of Human Rights unsystematically, often contrary to the European Court of Human Rights practice, and also the reasons of such an unsatisfactory status of law enforcement are determined. Also the authors come to deduction that in terms of the imperfection of the separate norms of national legislation, of the national law gaps, the applying of the European Court of Human Rights practice is an efficient mechanism of providing law and freedoms of persons and citizens abidance in Ukraine.

Keywords European Convention on Human Rights, European Court of Human Rights, legitimate expectations, afair balance, reasonable relationship of proportionality, land-legal relations, right of rent.
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