Academic Journal
Problems of enforcement of judgments of the European Court of Human Rights in Ukraine
| العنوان: | Problems of enforcement of judgments of the European Court of Human Rights in Ukraine |
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| المؤلفون: | L. Spytska |
| المصدر: | Соціально-правові студії, Vol 7, Iss 3, Pp 9-16 (2024) |
| بيانات النشر: | Lviv State University of Internal Affairs |
| سنة النشر: | 2024 |
| المجموعة: | Directory of Open Access Journals: DOAJ Articles |
| مصطلحات موضوعية: | systematic violation, remedies, enforcement proceedings, just satisfaction, guarantees, legality, Law |
| الوصف: | The research relevance was determined by the need to create an effective mechanism for enforcing judgments of the European Court of Human Rights (ECHR) in the context of their systematic non-enforcement by Ukraine and the existing threat of weakening the guarantees of observance and safeguarding the fundamental freedoms and rights. Consequently, the research endeavour focused on examining the challenges and barriers present within the mechanisms responsible for implementing to the rulings issued by the ECHR as well as the judgments rendered by domestic courts operating at the national level. The methods used in the study include historical, statistical, legal hermeneutics and others. The core findings and central conclusions drawn from the research investigation are to reveal the prerequisites for Ukraineʼs integration to the European supranational judicial protection system, the impact of this event in the context of guaranteeing basic human entitlements; focus on data regarding Ukraineʼs participation as a defending party in international legal disputes. The author examined which rights are most often violated in the context of lawsuits against the Ukrainian state before the ECHR, in particular, the right to free movement and personal integrity, as well as facts related to the duration of proceedings, fair trial, etc. The author also pointed to two major pilot judgments delivered by the Court – Case No. 40450/04 and Case No. 46852/13, which point to a systematic and structural issue of inaction to properly implement the judgments of the ECHR and national courts. This analysis delved into the underlying factors that contribute to the challenges in enforcing judgments, which include imperfect legislation and insufficient funding. The author pointed out the need for a comprehensive approach to improving this area through the development of effective remedies and alternative ways of paying compensation. This studyʼs outcomes serve as a springboard for further research by sociologists, legal professionals, ... |
| نوع الوثيقة: | article in journal/newspaper |
| اللغة: | English |
| Relation: | https://sls-journal.com.ua/journals/tom-7-3-2024/problemi-vikonannya-rishen-yevropeyskogo-sudu-z-prav-lyudini-v-ukrayini; https://doaj.org/toc/2617-4162; https://doaj.org/toc/2617-4170; https://doaj.org/article/c8b0288de57e4c7a9771af59449b57bc |
| DOI: | 10.32518/sals3.2024.09 |
| الاتاحة: | https://doi.org/10.32518/sals3.2024.09 https://doaj.org/article/c8b0288de57e4c7a9771af59449b57bc |
| رقم الانضمام: | edsbas.5075B6B3 |
| قاعدة البيانات: | BASE |
| DOI: | 10.32518/sals3.2024.09 |
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