Lyashenko N. The practice of the European court of human rights in civil cases

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U002159

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

16-05-2017

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis reveals the essence of the full impact of ECHR on the legal system of Ukraine, legal proceedings and civil proceedings, in particular. Opened the term "practice of the ECHR", taking into account its structure, procedures, principles, activities, decisions, and even separate legal positions of the judges of the Court. Along with the positive experience and asked to take into account some contradictory position of the Court in cases relating to Ukraine, and in other cases. Identified problematic issues during the full implementation of ECHR decisions, in particular concerning the review of cases by the Supreme Court of Ukraine and asked to give it a coordinating role in the execution of the ECHR judgments. On the basis of the practice of the ECHR found the imperfection of the current civil proceedings and critically analyzed the trend of improving the Civil Practice Act, as well as identify ways to increase the responsibility of Judges of Ukraine to improve the quality of civil justice and protection of human rights. Among the main problems of the modern civil procedure determined implementation of a law monopoly on representation in the courts, the presence of significant court fee, the imperfection of the norms of the Civil Practice Act for the application of the adversarial principle, the right to be listened to and heard.

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