Suchergebnisse

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as damage, causation, wrongfulness, fault and compensation - namely when applying Art. 41 of the European Convention on Human Rights (ECHR). Methodological approaches to the tort law of the ECHR as well as the perspectives of human rights and tort law and public international law are also addressed

The article deals with the problem of human trafficking as one of the most important and complex problems. Human trafficking is reflected in many forms. With society's development such forms are becoming increasingly complex. The analysis of the case law of the European Court of Human Rights is important in the context of the interpretation of the concept of trafficking in human beings. Article 4 of the European Convention for the Protection of Human Rights does not contain the direct prohibition of human trafficking. Nevertheless, human trafficking is covered by Article 4 of the Convention. The Court emphasizes the importance of interpreting the Convention in the current circumstances and challenges because it ensures the effective protection of human rights. This topic becomes especially relevant for our country in the context of the interpretation of the concept of human trafficking by the European Court of Human Rights due to the importance of combating human trafficking. At the same time, as Ukraine is currently adapting its legislation to European standards, it will be useful to understand how human trafficking is interpreted by the European Court of Human Rights. It is important for national courts to apply the case law set by the European Court, because it ensures the clarity and universal understanding of the Convention, sets certain standards of justice, specifies and develops convention provisions.

The article is devoted to the consideration of the role and place of decisions of the European Court of Human Rights in the administration of justice by Ukrainian courts. It is stated that the modern world cannot be imagined without the interaction of national legal systems with the system of international law. The socio-political and socio-economic conditions of the present day further emphasize the interconnection between these systems of law, which has long gone beyond purely theoretical reasoning and has become a practical application. The main manifestation of the influence of international law on domestic law is the harmonization of the content of national law with the provisions of international law. As a rule, such harmonization occurs by borrowing international legal norms into national law or by adopting national norms that are consistent with the principles and norms of international law. The judicial practice of the European Court of Human Rights is considered as a source of law, taking into account the adoption of the Law of Ukraine "About implementation ofdecisions and application of practice of the European courton human rights"t has been determined that despite the fact that the provisions of the Law of Ukraine "On the Enforcement of Decisions and Application of the Practice of the European Court of Human Rights" have been in force for more than 10 years, the application of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights by national courts case review and decision making is more of an exception than a rule. It is noted that references to acts of the European Court of Human Rights are still isolated cases and have an additional character, which gives reason to define the European Court of Human Rights own practice as a subsidiary source of law. Gaps and contradictions in current legislation, including the lack of a clear approach to the application of European Court decisions by Ukrainian courts, ...