Khimyak Y. Harmonization of criminal law of Ukraine with the European court of human rights practice

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U006094

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

26-10-2011

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

Dissertation is a complex scientific research on the problem of harmonization criminal law of Ukraine with the European court of human rights practice. It is determined that the juridicial position of the European court of human rights is the source of criminal law of Ukraine. Ways of registration juridicial positions of the European court of human rights in Ukrainian criminal law are defined. Law analysis the accordance of identifications of crime structure that guarantee criminal-juridicial protection for right to live, the forbidden of torture, personal freedom and inviolability, right to respect of dwelling, the secret of correspondence, private life and right of posession to juridicial positions of the European court of human rights was provided. The questions of value notions perspective in criminal-law norms, the necessity of saving in the Special part of criminal law of Ukraine such punishment as special property confiscation are examined. Terminological harmonization of notions that are used in the Convention with the corresponding notions in national legislation is proposed to put into practice. At the ground of the results that have been received during the exploring, the propositions for improving Ukrainian legislation about criminal responsibility as well as for the practice of its using have been done by the author.

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