Chyzh P. Right to life in the civil law of Ukraine and the case-law of the ECHR.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005444

Applicant for

Specialization

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

02-12-2019

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis deals with the concept of the right to life and its content on the basis of the civil legislation of Ukraine and the case-law of the ECHR, along with the emphasis put on its regulatory civil-law nature. An overview of contemporary legal studies of the right to life has been carried out and an analysis of approaches to understanding this right as an element of Ukraine’s current legal system has been made. The analysis of the scientists’ papers was the basis for further research of the nature, content and functional purpose of the researched category. The case-law of the ECHR is analysed not only as a theoretical benchmark and a declarative basis for the right to life, but also as an important regulator of social relations as to establishing the right to life in Ukraine. The nature and status of this source of law in the legal system of Ukraine have been researched. Particular attention is given to defining the content (constituents) of the right to life under the national law and the case-law of the ECHR. The classification of the right to life entitlements according to the legislation of Ukraine has been made. It is proved also that the right to life must be considered narrowly and broadly. In the narrow sense, the right to life is the subjective personal non-property right of an individual whose object is life and the closely related aspects of the biological life of the organism, including the continuation of a genus that is a set of competencies for its realization and protection, which require all third parties and the state not to violate it, as well as the state to take proactive measures to ensure the protection of life; in addition, the powers given are the possible conduct associated with the disposition and self-protection of life.

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