Popko Y. Legal nature of the Council of Europe's acts.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005714

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

12-10-2015

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

Thesis is devoted to the analysis of the legal nature of acts adopted by the Council of Europe. We study the nature of the Council of Europe's acts, their adoption and implementation are fundamental questions in the theory of international law - both in terms of the legal system of Ukraine and for applied problems of enforcement. The definition of legal acts of the properties of the Council of Europe (regulatory or non-regulatory, legal power, volume, shape acts, etc.), as well as the status and competence of taking legal acts allows to characterize the nature of the Council of Europe's acts. In turn, the determination of the legal nature of these acts is a prerequisite for improving their regulatory impact on international relations, improving the practice of their performance, and as a consequence, ensuring the rule of international law over national law. This problem has as an important theoretical and practical significance and this is the thesis work's aim . The relevance of this dissertation research is defined as the importance of solving a number of theoretical and practical problems arising in the development strategy of Ukraine to join the European legal space, the formation of its position on the basis of democracy and European values. The definition of the legal nature of the Council of Europe's acts, their adoption and implementation are fundamental questions in the theory of international law - both in terms of the legal system in Ukraine, and for the application of enforcement. Defining the properties of legal acts of the Council of Europe (regulatory or non-regulatory, legal power, volume, shape, acts, etc.), as well as the status and competence of taking legal instruments, makes it possible to characterize the nature of the legal acts of the Council of Europe. In turn, the determination of the legal nature of these acts is a necessary condition for improving the effectiveness of their regulatory impact on international relations, improving the practice of their execution, and as a result, ensuring the rule of international law in relation to national law. This problem has both important theoretical and practical significance.

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