You are here

А series of the work “Application to the European Court on human rights as the realization of the right to justice”

Work number - M 61 FILED

Authors: Phd, docent Sevostianova N.I.

Submitted by the National University "Odessa Law Academy".

Series of scientific works consists of monograph, educational-methodical manual and 30 scientific articles published within 4 years .

Series of scientific works devoted to the study of international legal regulation, implementation practices and trends in the application to the ECHR in the context of the right to access to justice. Specifics of the right to individual appeal is reflected in the concept of "international - legal access mechanism to the ECHR", containing the required parameters , which are prerequisite for the realization of the right to individual application, presenting a set of internationally - legal rules and mechanisms that exist in the form of a triad of components combined by a structural - functional linkages: the jurisdiction of the Court, the subsidiary nature of the Court and the vicarious nature of the eligibility of individual applications. Analyzed the formation of the right to individual application and its development at different stages of evolution of the human rights system of the Convention. Highlighted real, rather than a formal feasibility of this right. The attention is focused on the fact that as a result of systemic reform, with the entry into force of the Protocol 14 to the Convention, has created a new system of access to the ECHR.

The obtained fundamental results have revealed systemic gaps in national legislation of Ukraine, which will push for further democratic reforms and enhance the level of protection of human rights in Ukraine.

New approaches to the preparation of the application to the European Court of Human Rights were proposed, taking into account changes in the control mechanism of the Convention and the introduction of new admissibility criteria.

It was proved that against the background of the positive impact of the reform of the Protocol 14 on the timing of consideration of individual applications, it is likely to reduce the level of access to the ECHR in connection with the addition to a list of the admissibility criteria the "significant harm" criteris, which is an abstract category, the fact that the start of legal proceedings now is in production of one judge, application of the practice of examining applications in order of priority, which is an indication that the process in the Court seem to have features of constitualization. Contradictory results of the reform of the ECHR is an indication that the problem of human rights is in the plane of national legal systems and is primarily in the implementation of international standards of justice and the enforcement of judgments.

Series of works result in scientific papers and conclusions drawn from the analysis of theoretical and empirical material helping to reduce the number of appeals to the European Court of Human Rights against Ukraine, on the one hand will demonstrate improving the administration of justice by national judicial authorities, as well as other points to its implementation by Ukraine international commitments to the Council of Europe.

The results of 30 studies are presented in the publications, including 1 monograph, 7 papers in cited journals, 23 papers in journals and abstracts of presentations at scientific conferences.