| Article | Case-Law of the Strasbourg Court in Cases against Ukraine as a Factor of Improving Legislative Guarantees for Human Rights |
|---|---|
| Authors |
Rabinovych P., Harasymiv O.
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 2 / 2015 |
| Pages | 128 - 139 |
| Annotation | The possible effect of judgments of the European Court of Human Rights against Ukraine, where certain disadvantages of national legislation are stated to lead to conventional rights violations is studied in the article. The judgments may be classified due to the following four criteria: essence of the conventional rights subject to effective guarantees under relevant legal norms; nature of the above disadvantages; verbal form of ECHR opinions on the disadvantages of legal guarantees for the conventional rights; sectorial distribution of the identified disadvantages of national legislation in the framework of legal system of Ukraine. The authors conclude that such ECHR judgments shall be considered fully abided and satisfied not only in case Ukraine paid fair compensation to the applicant, but also eliminated the mentioned legal disadvantages. |
| Keywords | European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, legislative guarantees for conventional rights, legal advocacy disadvantages. |
| References | |
| Electronic version | Download |