Burma S. The International Legal Description of the Institute of Friendly Settlement in the European Court of Human Rights

The thesis presents research of genesis, doctrinal foundations, legal nature and specific characteristics of the institute of friendly settlement in the European Court of Human Rights. The author highlights the evolution of international conciliation procedures in the system of international justice in the field of human rights. The question of the ethical legitimation of the friendly settlement of the disputes in the field of human rights has been reviewed. Based on the academic approaches to the definition of «friendly settlement» it was distinguished the understanding of «friendly settlement» as a legal institution and as the procedure in the European Court of Human Rights. The criteria for classification the friendly settlement on the basis of the European Court of Human Rights’ recent practice have been proposed; as far as the conditions determining approval procedure of the unilateral declarations in the European Court of Human Rights have been provided. It was systematized the legislation of Ukraine as to applying the friendly settlement in the European Court of Human Rights in cases against Ukraine. It was analyzed the latest trends for improving the process of execution of judgments of the European Court of Human Rights (including the friendly settlement judgments and decisions).