INTRODUCING AN INTERNATIONAL JUDICIARY INSTITUTION OF UKRAINE’S INTERNATIONAL CONTRIBUTION OF UKRAINE’S JURISDICTION AS A CASE OF REVIEW OF JUDICIAL SOLUTIONS IN EXCEPTIONAL CIRCUMSTANCES IN CRIMINAL PROCEEDINGS
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 2
Abstract
The article analyzes the grounds and procedure for conducting criminal proceedings in exceptional circumstances. The procedural mechanism for revision of court decisions, which became legally effective, was investigated in case of establishment of an international judicial body whose jurisdiction is recognized by Ukraine, violation of state obligations of international obligations in court decision, and the limits of such review are determined. It is proved that the review of judicial decisions that came to legal effect and which the European Court of Human Rights has found violation of Ukraine’s international obligations in court proceedings is one of the means of enforcement of decisions of this international judicial body, has limited application. It is substantiated that in resolving the question of the possibility of such a review, the Supreme Court should proceed from the nature of the violation, as stated in the judgment of the European Court of Human Rights.
Authors and Affiliations
Svitlana Davidenko, Olena Reznikova
Keywords
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- EP ID EP493508
- DOI 10.31359/1993-0909-2018-25-2-55
- Views 158
- Downloads 0
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