STATUS AND PROSPECTS OF THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN UKRAINE
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Дата
2022
Назва журналу
Номер ISSN
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Видавець
Baltic Journal of Economic Studies
Анотація
The subject of research are conceptual, theoretical, methodological and applied bases of legal and
economic nature concerning the execution of judgments of the European Court of Human Rights in Ukraine.
Methodology. General scientific and special legal methods were used in the process of research. Quantitative and
qualitative parameters of organizational, legal and economic measures on execution of judgments, including
judgments of the European Court of Human Rights in Ukraine were determined by means of the analysis. The
synthesis provided the formation of common features of negative and positive factors that hinder and promote,
respectively, the execution of judgments. The comparative legal method allowed to identify characteristic
common and distinctive features in the execution of judgments of the European Court of Human Rights in
Ukraine at different times (2016 and 2021), taking into account legal and economic prerequisites. The formallegal
method created prerequisites for the formulation of conclusions regarding the effectiveness of individual
and general measures taken to implement judgments. The purpose of the article is to establish the status and
outline the prospects for the implementation of the decisions of the European Court of Human Rights through
the study of the legal and economic foundations of the relevant national and international legal regime of
this process, as well as the jurisdictional activities of the subjects of control and supervision over its course.
The results of the research showed that the state of implementation of the decisions of the European Court of
Human Rights in Ukraine is directly related to a number of measures of various origins, including economic
ones, which are based on strict compliance with the requirements of the ratified Convention on Human Rights
and Fundamental Freedoms. Conclusion. Legal and economic basis for the implementation of the content of the
Strasbourg Court judgments on the territory of Ukraine is covered by international and national legal regime,
with priority given to the first. Procedures for execution of the said judicial decision are determined, where two
groups are distinguished in the plane of national legal regime: those that are aimed primarily at ensuring a
private interest; those that create conditions for satisfaction of a public interest. Characteristic features in the
execution of court decisions compared to 2016 and 2021 were revealed: an increase in the number of appeals
of Ukrainians for the protection of rights and fundamental freedoms; an increase in the number of satisfied
compensation claims; the presence of homogeneous problems contributing to the violation of human rights and
interests in Ukraine; a decrease in the level of implementation of compensation solutions, which is associated
with certain negative aspects of social life of an economic nature; expansion of the scope of consideration on
the merits and related judicial decisions, taking into account the list of rights defined by the Convention for
the Protection of Human Rights and Fundamental Freedoms; improvement and implementation of a strategic
approach in implementing the content of general measures for the execution of judgments, in particular this
international instance; implementation of the legal, economic, cultural and informational framework at the
level of educational standards, which will contribute to the implementation of the content of judgments of the
European Court of Human Rights. The following directions have been identified as priorities for the near future
in terms of legal and economic execution of judgments of the European Court of Human Rights: creation of a
systematic mechanism for implementing the content of judgments, including those of the Strasbourg Court; maximum differentiation of general measures within the framework of the implementation of the content of
such decisions; priority of measures of organizational, legal, economic, informational and educational nature;
emphasis in the relevant measures on the issue of balancing public and private interests, but by no means to the
detriment of the former.
Опис
Ключові слова
human rights, enforcement of decisions, European Court of Human Rights, general measures, individual measures, rights and economic measures., права людини, виконання рішень, Європейський суд з прав людини, загальні заходи, індивідуальні заходи, права та економічні заходи.
Бібліографічний опис
Makovii V. et al. STATUS AND PROSPECTS OF THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN UKRAINE. Baltic Journal of Economic Studies. Vol. 8 No. 3, 2022. Рр. 115 - 124.