Suchergebnisse

For the moment, ECtHR is one of the most respected and effective human rights institutions, so its decisions have the potential to create a platform to optimize and improve the application of legal rules and legal relations in case of gaps in national law. The study of the civil law category of property rights in the context of ECtHR jurisprudence is a significant step towards modernizing the consciousness of modern Ukrainian society and unifying the regulation of issues related to property. The authors used the method of analysis and the synthesis method as well as the comparative legal method in this research. In conclusion, the authors highlighted that since ECtHR decisions are binding in the administration of justice in Ukraine, there are many problems regarding the correlation between the concepts of "property", "ownership", "intellectual property", etc. The Ukrainian legislator and the law enforcer need to adapt to the flexibility of these concepts to minimize the divergence of views on legal categories that play a decisive role in the exercise of the applicant's right to judicial protection.

Under uncertain conditions, the introduction of a state of emergency and quarantine measures, the scope of human rights may be subject to state interference and some rights cannot be exercised at all. The aim of the work is to examine the problem of the exercise of the right to freedom of movement and personal integrity in the context of COVID-19 through the practice of the European Court of Human Rights ECTHR. The theme of the study is the social relations that arise in the exercise of the right to freedom of movement and personal integrity in the COVID-19 pandemic. Research methods are the dialectical method, the method of system analysis, synthesis, induction, deduction, modeling, comparison, generalization, and formalization. As a result of the study, the problems of the realization of the right to freedom of movement and personal inviolability in COVID-19 were analyzed through the prism of ECtHR decisions. The international experience of regulating the right to circular under quarantine conditions was clarified and suggested ways to solve this problem to protect human dignity.