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Registration Number

0215U001397, 0112U000694 , R & D reports

Title

Scientific and legal ensuring of the effictiveness execution and the practice of the European Court of Human Rights

Head

Kivalov Sergey Vasilyevich,

Registration Date

26-02-2015

Organization

National university "Odessa Academy of Law"

Description

As a result of scientific research, new scientific and practical knowledge on the application of the Convention for the Protection of Human Rights and Fundamental Freedoms and execution of judgments and implementation of ECtHR's practice in Ukraine and other member states of the Council of Europe were obtained. On the basis of comparative legal analysis the most effective models and forms on the application of the Convention norms and ECtHR's practice were found in the Member States of the Council of Europe. New scientifically based proposals to the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights, the execution of judgments of the European Court of Human Rights in Ukraine were worked out. Regarding the importance of "pilot judgments" and judgments in so-called "leading cases", the focus should be given to developing a national mechanism for the implementation of judgments of the ECtHR in Ukraine. Among the optimal forms and methods of interaction between the authorities of Ukraine involved in the process of applying the European Convention on Human Rights and execution of judgments and implementation of ECtHR's practice, emphasis on the importance of parliamentary control, especially in case of "general measures". As the result of research significantly reduce the number of complaints to the European Court of Human Rights by Ukraine residents - individuals and entities is expected, primarily for: non- execution of Ukrainian court judgments and the European Court of Human Rights against Ukraine on protection of property rights, illegal detention, abuse by the courts of Ukraine the reasonable time of the proceedings, for breach of the conditions of detention in prisons, violation of rights of residents of Ukraine to judicial protection and legal assistance. This would raise the issue of excluding of Ukraine by Council of Europe from the list of the most case-count countries, as well as excluding from so-called "Group of five" and "Group of nine".

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Андрейченко Світлана Сергіївна
Анцупова Тетяна Олександрівна
Вишняков Олександр Констянтинович
Войтович Павло Петрович
Пашковський Миколай Іванович
Плотніков Олексій Вікторович
Севостьянова Наталія Ілларіоновна
Хендель Наталія Володимирівна