Kretova I. Interpretation of law: doctrines developed by the European court of human rights.

The thesis is devoted to the theoretical analysis of the doctrines developed by the European court of human rights and their role in interpretation of law within the European and national jurisdictions. The basic doctrinal problems of interpretation of law (discussions between formalists and antiformalists, scientific debates in regard to a "spirit" and "letter" of legal rule, dispute between originalists and non-originalists and others) are explored, that allowed to indicate the features of human rights as an object of legal interpretation. The dissertation thesis defines the general principles and rules of interpretation of human rights international treaties as well as the particularities of interpretation of the European Convention. The case-law of the Strasbourg Court constitutes the principles and doctrines of interpretation and application of the European Convention. Among them are: the dynamic or evaluative interpretation of the human rights provisions, the "reliance upon European national law and international standards" (as any European consensus that exists has had a considerable impact upon the Strasbourg Court's jurisprudence), the principle of the proportionality and a fair balance, effective interpretation, consistency of the interpretation of European Convention as a whole, limits resulting from the clear meaning of the text, recourse to travaux preparatoires (the preparatory work of the European Convention) and some others. Due to the jurisprudence of the Strasbourg Court the particular doctrines have been developed (evaluative interpretation (Convention as a "living document"), the margin of appreciation doctrine, the forth instance doctrine, autonomous concepts doctrine), which determine the scope of State-parties obligations in relation to interpretation and application of rights and freedoms on national level. All principles and doctrines of interpretation of human rights developed by the Court are interdependent and interrelated, thus their synergy ensures a cumulative effect that lies in efficiency of protection and implementation of human rights. Nowadays sufficient legal framework is created in Ukraine, which requires consideration of the case-law of the European court of human rights while adopting the national legislative acts or court judgements as well as its application in interpretation of human rights and freedoms provisions. According to the Law of Ukraine № 3477-IV "On implementation of judgments and application of the case-law of the European Court of Human Rights", 23.02.2006 (Art. 17) the courts of Ukraine apply the Convention for the Protection of Human Rights and Fundamental Freedoms, its Protocols and the case-law of the European Court of Human Right as the source of law. Thus, the necessity of introduction of the doctrines developed by the European court of human rights to the national legal order is highlighted. These doctrines have to bind not only the law enforcement bodies but also the legislator who is responsible for incorporation of these doctrines to the national laws as well as human rights strategies and action plans.