Bazov O. The jurisdiction of the European Court of Human Rights.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U005317

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

29-09-2016

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis focuses on comprehensive research of the jurisdiction of the European Court of Human Rights as a multidimensional concept, that reflects both jurisdiction of judicial authorities, subject of judicial examination, judicial activity, and institutional construction of justice system of Council of Europe and its correlation with national systems of law of countries-participants of Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis contains a genesis of jurisdiction of European Court of Human Rights and authorial classification of its stages of formation. Author formulates the mechanism for the implementation of jurisdiction of the European Court of Human Rights. Particular attention is paid to the forms of implementation of jurisdiction of the European Court of Human Rights - the holdings of a court on a question of interpretation and application of European Convention, and also to the granting of consultative conclusions on legal points. Author investigates precedent-setting pattern of judgments of the European Court of Human Rights and their influence on law of Council of Europe and national systems of law. The question on the jurisdiction of the European Court of Human Rights in case of its acceding to the Convention of the European Union has been considered. The analysis is focused on further ways of improvement of jurisdiction of European Court of Human Rights towards effective protection of human rights, identifying further ways of development of justice and institutional systems of Council of Europe.

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