UDTR — Radar mondial des droits de la Nature

The European Court of Human Rights Practice as an Administrative Law Source in the Domestic Legal Discourse

Identification

Clé publique

doi:10.24144/2307-3322.2021.68.34

Auteurs

V.V. Turetskyi

Année déclarée

2022

Langue déclarée

en

Type source

article

Première détection

2026-11-09T19:15:09.514559+00:00

Dernière observation des métadonnées

2026-11-09T19:15:09.514559+00:00

Dernière vérification HTTP

Non effectuée

Résumé documentaire — langue originale

The article is devoted to the study of the European Court of Human Rights practice implementation into the national legal system by domestic legal science, in particular, administrative law. It is noted that the issue of the European Court of Human Rights decisions implementing into the national legal system arose before Ukraine in 1997 when the Convention for the Protection of Human Rights and Fundamental Freedoms was ratified. It is noted that a significant role in the process of national law improving belongs to the European Court of Human Rights, which is the body monitoring compliance with the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms by the Member States. Emphasis is placed on the fact that to date there has been no comprehensive study of the European Court of Human Rights practice in the administrative law sources system, which would be based on Western legal culture in Ukraine. It is noted that the European Court of Human Rights decisions nature is a “challenge” for the domestic legal system, that did not recognize case law as a source of law and, moreover, the interpretation of the category “human rights” by Strasbourg court is qualitatively different from its understanding by domestic legal doctrine, still being largely based on the perception of rights as opportunities guaranteed by law. Until now, the principle of legality was the fundamental law principle, and the justification of the decision taken in the administrative process was reduced to a reference to the prescription of the normative legal act. Legal provisions set out in judgments of the European Court of Human Rights are based on other legal postulates. The analysis of scientific sources, the object of study of which is the European Court of Human Rights practice as a source of administrative law, is being tcarried ou. It is suggested that the existing scientific research of the European Court of Human Rights as a source of administrative law be classified into two groups: scientific papers, the subject of which is the European Court of Human Rights practice; scientific papers, the subject of which is the impact of the European Court of Human Rights practice on the national legal system, the immanence of features of forms of lawforms to this practice, etc. It is concluded that the analysis of scientific developments of the European Court of Human Rights practice as a source of administrative law by domestic legal science allows us to conclude about the relevance of the chosen topic, its lack of research and the need for elucidation.

Identifiants

OPENALEX

W4224287288

DOI

10.24144/2307-3322.2021.68.34

Repères documentaires

Famille documentaire

Doctrine

Types déclarés par les sources

article

Juridictions étudiées — sources explicites

UA

Les mentions d’entités ne constituent pas une preuve de reconnaissance juridique. La juridiction étudiée est distincte du pays d’affiliation des auteurs.

Sources

OpenAlex · Document 1 · Document 2

• DOI · https://doi.org/10.24144/2307-3322.2021.68.34
• OpenAlex · https://openalex.org/W4224287288

Statut documentaire

Pertinence à examiner

Bibliothèque

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