THE LEGAL NATURE OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The article is devoted to disclosure of the legal nature of the European Court of Human Rights decisions. It is concluded that the decisions of the European Court of Human Rights are officially published, have an open, case-law, declarative and final character. Particular attention is paid to identifying the main features of the European Court of Human Rights decision, which characterize it as a precedent. This refers to such characteristics of a legal source as a general character, binding effect, possession of legal force. There are investigated the role and place of the European Court of Human Rights judgments in the national legal system.

Authors and Affiliations

Н. Є. Блажівська

Keywords

Related Articles

PROBLEMS OF ENFORCEMENT AND PROTECTION OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS ON TEMPORARILY OCCUPIED TERRITORIES

The analysis of constitutional economic, social and cultural human rights and freedoms that are violated or limited in the temporarily occupied territories of Ukraine is carried out. The necessity of ensuring the prompt...

FUNCTIONAL CHARACTERISTICS OF TERRITORIAL COMMUNITIES: PROBLEMS OF THEORY AND PRACTICE

The article examines the status of territorial communities in view of their intrinsic characteristics. One of such determinants is the functions, competencies, powers. It is emphasized that in today's conditions the crit...

MEDIATION AS A WAY OF RESOLVING CONFLICTS BETWEEN ECONOMIC ENTITIES

The article examines legislative and practical use of alternative disputes resolution between business entities with the help of mediation and also the perspectives of mediation development in Ukraine its positive and ne...

FUNCTIONS OF OMBUDSMAN IN THE SYSTEM OF NATIONAL HUMAN RIGHTS INSTITUTIONS

The article examines some of the functions of the Ombudsman to oversee the executive branch and the rules of good governance. The role and the functions of ombudsmen in international protection of human rights. Creation...

CATEGORY OF THE LEGAL AWARENESS IN THE VIEWS OF ANTIQUES PHILOSOPHY: PHILOSOPHICAL AND LEGAL ANALYSIS

The article analyzes the views of the philosophers of Antiquity on the category of legal awareness. Philosophers used in their writings such categories as the mind, will, virtue, justice, law-abiding. They believed that...

Download PDF file
  • EP ID EP608569
  • DOI -
  • Views 72
  • Downloads 0

How To Cite

Н. Є. Блажівська (2018). THE LEGAL NATURE OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS. Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки, 292(2), 131-136. https://europub.co.uk./articles/-A-608569