| Article | Effect of the European Court of Human Rights Case-Law on Ukrainian CaseLaw: Approaches and Dimensions |
|---|---|
| Authors | Fuley T. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 2 / 2015 |
| Pages | 98 - 112 |
| Annotation | The article describes approaches (principles and methods used for assessing) and dimensions (specification of scope) of effect of the ECHR case-law on Ukrainian case-law through the role of a judge in modern democratic society. Informational, ideological, social and legal aspects of the influence have been distinguished. General (legal culture, legal consciousness, legal principles) and specific (norms, normative legal provisions, normative legal acts, legal enforcement acts) legal means of influence are analyzed. Both general and specific legal means are outlined to be initially an object of influence of the ECHR case-law, and then become means of such influence. The ECHR case-law is underlined to expand the sphere of potential, necessary as well as legislative and enforcement legal regulation. The effect of the ECHR case-law is stated to be visible not only in promotion of new legal concepts (e. g., «justification of interference», «necessity in democratic society», «balance of rights», «legal certainty») but in adopting new norms, normative legal provisions and normative legal acts developed on the basis of the ECHR standards. Taking into account the role of decisions of the Supreme Court of Ukraine in ensuring the consistency of national case-law its 15 judgments containing references to the ECHR judgments passed within January-October, 2014 are analyzed. Tendencies for implementation of the ECHR case-law are identified. |
| Keywords | European Court of Human Rights case-law, case-law, judgment, legal influence, legal regulation, legal means, judge, role of a judge. |
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| Electronic version | Download |