Velichuk S. The establishment and the formation of case law in Ukraine in the context of the European Court of Human Rights.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U005383

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

26-11-2014

Specialized Academic Board

Д 26.139.01

Essay

Dissertation is devoted to the theoretical and legal problems of establishment and formation of case law in Ukraine within the context of European Court of Human Rights (ECHR) practice. The essential content of fundamental and constructive concepts of "legal precedent", "case law", "judicial practice", "law interpretative practice", "law enforcement practice" and others terms are Investigated. The European Court of Human Rights practice is subjected to a detailed analysis as a source of law enforcement in Ukraine. It is established that legal regulations as a specific result of judicial precedent and litigation appears in the system of sources of law of any legal system. Thus, it is updated the role and importance of judicial precedent and judicial practice in the system of sources of law. The dissertation provides an analytical overview of the results of the judicial practice of national and international judicial bodies, including the International Court of Justice and the European Court of Human Rights. A number of proposals for amendments and additions to the existing legislation in the context of sources of law are proved.

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