Kononenko V. Customary Character of the Precedent Decisions of the European Court of Human Rights.

The dissertation explores legal nature of decisions of the European Court of Human Rights. The research is focused on functioning of international courts as exemplified by the practice of the UN Court, EU Court and European Court of Human Rights. It also explores approaches to interpretation of the 1950 European Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights (ECHR). Analysis of the history of case-law development as well as exploration of origins, nature, significance and preconditions of obligation of a Praetorian law reveals the interconnection between the equity law and the institution of praetor in the Ancient Rome. The research demonstrates that application of judicial precedent in the history of mankind resulted not from a specific legal doctrine or legislation of any country but arose as expression of the principle of equity. The conducted analysis also indicates that application of the rule of precedent by the EU Court and the ECHR does not rest upon the Anglo-Saxon legal system, but results from various legal developments and individual court cases.Analysis of the ECHR's decisions that became precedents is conducted from the positivist perspective.