Suprun D. Organisational legal and jurisdictional principles of the European Court's of Human Rights activity.

The thesis is devoted to the research of organisational legal and jurisdictional principles of functioning of the European Court of Human Rights. The author carried out complex analysis of particularities of legal system of the European Convention for the protection of human rights and fundamental freedoms of 1950 and also established that the European Court of Human Rights plays in this system a guaranteeing (safeguarding) role since it not only considers applications on violation of the conventional rules but is also has an exclusive right to give the authentic interpretation of the provisions of the Convention and to settle the question of its correspondence with rules of the national legal practice of member-states that is the determining aspect of acknowledgement of normative and autonomous nature of the legal system of the Convention. As a result of exercising by the Court the interpretation of the conventional provisions the legal system of the Convention assumes the character of "a living instrument". The author has analysed the organisational structure of the Court and established that it should be examined as a combination of organisational structures of the judiciary of the Court itself and the Secretariat of the Court that comprise the structural subsections and the elements of both the Court administration and the Court's activity. The candidate for the degree has suggested the exact division of stages of the individual applications examination procedure within the Court, as well as its main peculiarities have been analysed. The author made a conclusion that the right to submit an individual application to the Court is absolute only to the extent to which realisation of this right is not conditioned by the necessity of consent of the country and does not require application prior examination of application by the non-judicial agency as the Commission was. At the same time the right to submit an individual application to the Court does not guarantee to the claimant the right that his case willbe considered by the Court as for the essence of the raised questions as the rules of compatibility and conditions of the individual application admissibility are regulated by a number of formal standards. The author made suggestions relative to the improvement of certain aspects of the procedure of examination of individual applications. The candidate for degree has analyzed the nature and the particularities of the Court jurisprudence and established that it has a normative character. The normativity of the Court jurisprudence has a dissimilar character, and, therefore, it can show itself differently depending on the exact case. According to this there is an exact difference between the normativity of the Court jurisprudence as to the state-respondent and as to the third countries. The candidate for degree has analyzed the principal particularities of the interpretational mechanism of the Court and determined that its specificity is explained by the particular nature of the legal system of the Convention and its jurisdiction mechanism. Principal aspects of access of Ukraine to the jurisdiction mechanism of the Convention were also separately considered, and the author formulated the propositions concerning the improvement of Ukrainian law for the purpose of the effective realization of provisions of the Convention on the national level. The author concludes, that the problems of access of Ukraine to the legal system of the Convention and its control mechanism are related not only with the fact of absence of the developed national mechanism which would allow the Ukrainian courts to directly use and interpret the Convention provisions but with the questions of the formal character, the problems of understanding the Convention idea and its control mechanism as well as the fact of imperfect national legislation.