Some Issues Of Recognition Of Decisions Of The Ecthr As Judicial Precedents In The Criminal Law Of Ukraine

  • Nataliia Orlovska
Keywords: precedent, decisions of the ECtHR

Abstract

Determination of the issues of the judicial precedent in criminal law today is becoming extremely important, since one can not hope for the formation of universal legislative requirements: positive law is forced to approach different people with one measure, so it can not cover all the conflicting situations that take place in life. Unlike normative settings, the judicial precedent is an attempt to bring the right to the rights of the participants of the legal relationship as close as possible.
The ECtHR judgment is a mandatory precedent for interpretation, which in fact forms rules of law enforcement. At the same time, the mandatory application of criminal law for a Ukrainian legal practitioner is not only the final decision (that is, the decision as a whole) of the ECtHR on the interpretation of the Convention’s provisions, but also the legal position of the ECtHR, which is the basis of such a decision.

Published
2019-06-23
Section
Articles