Lemak O. The right to judicial protection: constitutional and legal aspects.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U000016

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

23-12-2014

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the analysis of complex problems in the theory and practice of the right to judicial protection, based on the doctrine of constitutionalism and the rule of law. The right to judicial protection is studied in the context of the practice of the Constitutional Court of Ukraine and the European Court of human rights. Investigated the social and legal nature of the right to judicial protection, the place and role of these right in the system of constitutional guarantees of human rights and fundamental freedoms, analyzes institutional and procedural aspects of subjective public law. Exposed structural elements of judicial protection, including the right to legal trial, independent and impartial court, the right to be heard, binding judicial decisions and more. The main forms of specification and detail the constitutional provisions by the Constitutional Court of Ukraine on the constitutional right to judicial protection and its impact on the content of the proceeding legislation.

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