Responsive image
Article Practice of the European Court of Human Rights in the Aspect of Realization of the Principle of the Rule of Law
Authors Tymchenko H.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 5 / 2014
Pages 203 - 212
Annotation Article is devoted to research of the reasons of emergence and factors of formation of such form of hearing of cases by the European Court of Human Rights as procedures of the pilot resolution. The author analyzes the important reasons of optimization of work of court from which non-execution of judgments and the nihilistic relation to justice are distinguished. The conclusion that procedure of the pilot resolution represents an example of optimization of a procedural form of work of the European court in order to increase the efficiency of influence of its decisions on elimination of violations of the Convention is located. Potential of use of similar experience of the European Court of Human Rights in the national legal framework is clarified. The attention is focused on single controversial questions and problems of realization of procedure of the pilot resolution.
Keywords procedure of the pilot resolution, European Court of Human Rights, judgment, system problem.
References
Electronic version Download