Andrianov K. The role of the Convention for the Protection on Human Rights and Fundamental Freedoms control mechanism in the process of realising its norms.

The thesis is devoted to studying the role of control mechanism of the Convention for the Protection of human rights and Fundamental Freedoms in the process of realising its norms. The work examines the institutional and functional design features of the Convention's control mechanism and its tasks. Proceeding from the co-ordinating nature of the international law, the author determines the notion of the institutional mechanism for international co-operation as a tool for implementing international law subjects' needs, interests and aims, reflected by the international treaties.The work reveals the legal nature and objectives of the international control over implementing the participating states' obligations under the Convention. The author explains the meaning of notion of the Convention's control mechanism. It is considered as a complex of international bodies and procedures aimed at revealing violations of the Convention by its contracting parties, fixation of such violations in the international acts of application of the Convention by the European Court of Human Rights, and projecting international impact on the violating states in order to remedy the violations found.Thus, it is emphasised in the thesis that the task of this control mechanism is to reveal violations (whether in administrative practice or legislation rules, which conflict with the Convention) with the view to further altering the existing national legal norms or practices of apply national law by a responding state itself.The author deems that the presence of the clear implementation mechanism is the important precondition of the Convention's efficiency. The core of this mechanism is constituted by the international judicial body - the European Court of Human Rights. The key prerequisite of the Convention control mechanism's effectiveness is the coincidence of the contracting states' interests in full realisation of this treaty by means of establishing collective international guarantees of adherence to its norms by each of the states. The objective basis for the mentioned coincidence of interests is created by the need in greater economic and social integration within the framework of the regional system of international relations.The work also studies the main features of the jurisdiction of the European Court of Human Rights as the key element of the Convention's control mechanism. The author analyses the legal nature of the Court's decisions and explains the meaning of the notion of "case-law of the Court". On the basis of analysing the decisions' legal nature it is stated in the work that they can not be considered as precedents in the sense of doctrine of precedent e.g. typical for legal system of England.It is stated by the author that the Court in its decisions "adapts" the relevant Convention rules to the conditions of a concrete situation subject to analysis of general tendencies of development of the human rights protection regime on the whole European continent. Thus, the Court's decisions reflect some general European standards of human rights protection as the political-legal principles. The content of the later may essentially change due to objective conditions of the Convention implementation.The author considers the ways of interaction of the European Court of Human Rights and the Committee of Ministers of the Council of Europe within the framework of control activities. The work comprises study of means for the Convention and its control mechanism to influence the national law of the contracting states, though limited by the rules and principles of international law including the Convention itself. In this regard, it is concluded that the effective realisation of the Convention within a national legal order should depend on whether the practice of applying the Convention by the control institutions, first of all by the European Court of Human Rights, harmoniously correlates with law establishing and law applying practices in the sphere of human rights protection within a contracting state.The work concerns the analysis of the Convention's status in legal system of Ukraine. The author critically examines the existing mechanisms of implementing the Convention and executing the decisions of the European Court of Human Rights in Ukraine. The work proposes a number of precise recommendations on improving those mechanisms, e.g. by amending and changing Ukrainian legislation in this field.