关于在乌克兰执行欧洲人权法院判决的措施类型

D. Minchenko
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摘要

这篇文章致力于确定在乌克兰执行欧洲人权法院判决的机制中适用各种措施的特点。在分析国际法律行为、乌克兰立法规定和判例法的基础上,作者描述了在乌克兰执行欧洲人权法院判决过程中适用个别措施和一般措施的程序。作者区分了欧洲人权法院判决的执行程序与乌克兰外国法院或国际商事仲裁判决的执行程序之间的区别。有人认为,科学文献中的观点认为,司法审查不是个人在执行欧洲人权法院判决的机制中施加影响的主要手段,但这并不以任何方式否定司法审查在只有通过这种方式才能全面恢复原状的情况下的重要性。发件人的结论是,执行欧洲人权法院判决的措施是全面的,其目的是尽可能充分地恢复被侵犯的权利,消除这种侵犯的消极后果,并防止今后发生类似的侵犯行为。的。发件人的结论是,个别措施最适合于特定的法律情况。由于欧洲人权法院对乌克兰领土的判决(在向受害者支付赔偿方面)的直接效力以及国家当局根据欧洲人权法院的判决按照既定程序作出的决定,这些法律得以执行。例如,在特殊情况下审查国家法院的判决。作者得出结论,一般措施产生系统性影响国家的法律制度,为使国家立法更接近欧洲标准的目的,对防止未来预防效果的权利受侵犯的保护欧洲人权法庭的判决,不仅有利于尊重人的欧洲人权法院的判决,而且在国家有关的任何其他公民的尊重。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Types of measures regarding the implementation of decisions of the European Court of Human Rights in Ukraine
The article is devoted to determining the peculiarities of application of various types of measures in the mechanism of execution of judgments of the European Court of Human Rights in Ukraine.Based on the analysis of international legal acts, provisions of Ukrainian legislation and case law, the author describes the procedure for applying individual measures and general measures in the process of enforcement of judgments of the European Court of Human Rights in Ukraine. The author distinguishes the difference between the procedure for enforcement of judgments of the European Court of Human Rights and the procedure for enforcement of judgments of foreign courts or international commercial arbitrations in Ukraine.It is argued that the viewpoint in the scientific literature that judicial review is not the main means of individual influence in the mechanism of enforcement of judgments of the European Court of Human Rights does not in any way negate its importance in situations where restitutio in integrum is possible only in this way.The author concludes that measures to enforce a judgment of the European Court of Human Rights are comprehensive in nature and are aimed at the fullest possible restoration of the violated right, elimination of the negative consequences of such a violation and prevention of similar violations in the future.The . The author concludes that individual measures are best suited to a particular legal situation. They are implemented both by virtue of the direct effect of the judgment of the European Court of Human Rights on the territory of Ukraine (in terms of payment of compensation to the victim) and by adopting decisions of state authorities based on the judgment of the European Court of Human Rights in accordance with the established procedure. For example, by reviewing decisions of national courts in exceptional circumstances.The author concludes that general measures have a systemic impact on the legal system of the State, serve the purpose of bringing national legislation closer to European standards and have a preventive effect on preventing future violations of the rights protected by the judgment of the European Court of Human Rights, not only in respect of the person in whose favour the judgment of the European Court of Human Rights was delivered, but also in respect of any other citizens of the relevant State.
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