Koruts U. International-legal protection of the right to a fair proceeding in the practice of the European Court of Human Rights and law enforcement practice of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005063

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

26-06-2015

Specialized Academic Board

Д 26.867.01

Essay

The thesis is a complete scientific work, a comprehensive study of international-legal protection of the right to a fair proceeding in the practice of the European Court of Human Rights and law enforcement practice of Ukraine. The thesis contains a theoretical part concerning protection of the right to a fair proceeding and practical part based on practice of the European Court of Human Rights and domestic law enforcement practice. There was formed author's concept of the right to a fair proceeding, legal characteristics of the legal nature of the right to a fair proceeding both with element distinguishing of structural parts specified in art. 6 of the European Convention and with definition of certain principles such as the principle of legal certainty, the principle of equality of initial opportunities that are formed on the basis of the case-law of the European Court of Human Rights and have an impact on law enforcement activity in Ukraine was made. The peculiarities of the legal nature of decisions of the European Court of Human Rights, their precedential nature and characteristic features of decisions making the judicial institutions of the said judicial institutions on study opportunities and need of application solutions of case character in the national legal system was researched. The notion of the right to a fair proceeding and the international mechanism of the right to a fair proceeding as a complex system formation, which is a set of interrelated elements of right-founding, procedural, logistical and law enforcement nature was analyzed.

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