{"title":"承认和执行乌克兰境内外国法院的判决,同时考虑到欧洲人权法院的做法","authors":"T. Fortuna","doi":"10.46340/eppd.2020.7.6.35","DOIUrl":null,"url":null,"abstract":"The task of every democratic state is to provide persons seeking justice with maximum guarantees for the organization and administration of justice. So the need arouses to study the right to a fair trial in the context of studying the recognition and enforcement of decisions of foreign courts. The right to a fair trial is a fundamental human right in the democracy and at the same time it is an element of the rule of law, which is one of the fundamental principles in a democratic society. The article has provided a detailed theoretical analysis of the procedure for recognition and enforcement of decisions of foreign courts in Ukraine, taking into account the practice of the European Court of Human Rights. According to the results of the research, it has been concluded that there is the need to apply the pratcice of the European Court of Human Rights to the procedure of recognition and enforcement of decisions of foreign courts in Ukraine, thus to further improve the legislative mechanism for recognition and enforcement of such decisions.","PeriodicalId":414666,"journal":{"name":"European Political and Law Discourse","volume":"15 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"RECOGNITION AND ENFORCEMENT OF COURT DECISIONS OF FOREIGN COURTS IN UKRAINE TAKING INTO ACCOUNT THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS\",\"authors\":\"T. Fortuna\",\"doi\":\"10.46340/eppd.2020.7.6.35\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The task of every democratic state is to provide persons seeking justice with maximum guarantees for the organization and administration of justice. So the need arouses to study the right to a fair trial in the context of studying the recognition and enforcement of decisions of foreign courts. The right to a fair trial is a fundamental human right in the democracy and at the same time it is an element of the rule of law, which is one of the fundamental principles in a democratic society. The article has provided a detailed theoretical analysis of the procedure for recognition and enforcement of decisions of foreign courts in Ukraine, taking into account the practice of the European Court of Human Rights. According to the results of the research, it has been concluded that there is the need to apply the pratcice of the European Court of Human Rights to the procedure of recognition and enforcement of decisions of foreign courts in Ukraine, thus to further improve the legislative mechanism for recognition and enforcement of such decisions.\",\"PeriodicalId\":414666,\"journal\":{\"name\":\"European Political and Law Discourse\",\"volume\":\"15 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Political and Law Discourse\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.46340/eppd.2020.7.6.35\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Political and Law Discourse","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.46340/eppd.2020.7.6.35","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
RECOGNITION AND ENFORCEMENT OF COURT DECISIONS OF FOREIGN COURTS IN UKRAINE TAKING INTO ACCOUNT THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS
The task of every democratic state is to provide persons seeking justice with maximum guarantees for the organization and administration of justice. So the need arouses to study the right to a fair trial in the context of studying the recognition and enforcement of decisions of foreign courts. The right to a fair trial is a fundamental human right in the democracy and at the same time it is an element of the rule of law, which is one of the fundamental principles in a democratic society. The article has provided a detailed theoretical analysis of the procedure for recognition and enforcement of decisions of foreign courts in Ukraine, taking into account the practice of the European Court of Human Rights. According to the results of the research, it has been concluded that there is the need to apply the pratcice of the European Court of Human Rights to the procedure of recognition and enforcement of decisions of foreign courts in Ukraine, thus to further improve the legislative mechanism for recognition and enforcement of such decisions.