The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.
Due to applying the newest methodological techniques in performing a profound scientific logical-gnoseological analysis, the article under discussion reveals certain axiological factors, which might be regarded as ontological "markers" of such indispensable human rights as the right to life and the right to personal inviolability. In order to achieve the goal, set by the authors of the article, they have carried out a profound juridicalphilological analysis of the contents of the articles of the II and III European Conventions on of Human Rights of 1950 [1]. While analyzing the juridical contents of numerous cases, heard by the European Court of Human Rights on the protection of the right to life and the right to personal inviolability, the authors of the article have reached somewhat ambiguous conclusions. The latter may serve as an efficient ground for further research in the field of logicalgnosiological analysis of the human rights protection, ensured by the European Convention on Human Rights of 1950. In particular, the article under studies reasonably questions the unambiguous perception of the individual's right to personal inviolability as something absolute and indisputable. This critique has been stipulated by a profound logicalontological analysis of the court file of the lawsuit "Gäfgen v. Germany" [2], which was heard by the European Court of Human Rights. In addition, the authors of the article have certain doubts concerning the fact that the individual's right to life has been referred to as a relative one. The above doubts have resulted from a profound logical juridicalphilological analysis of the lawsuit court file "McCann and Others v. United Kingdom"
Based on the methodology of performing axiological and logical-gnoseological analysis of juridically significant factors, the article under discussion presents a partial investigation of the practical application of one of the most fundamental principles of state functioning in the field of human rights protection. The object of investigation in the paper is the way the European Court of Human Rights (ECHR) perceives, understands and interprets the principle of Good Governance in the course of implementing it in Court’s activities. The precedents, formulated and adopted by the ECHR frequently acquire the status of legal sources for the member states of the Council of Europe. Therefore, the judiciary bodies of these countries have to rely in their practice on the conclusions, the ECHR came to in the course of considering certain cases. Qualitively equal understanding and application of the above decisions is a cornerstone in forming a common European legal space, as well as plays a leading role in the field of human rights protection, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention) (Council of Europe, 1950). The principle of Good Governance is a complex notion. It directly or indirectly regards the rights and interests of both individuals (ensuring them certain rights and freedoms in a vast number of articles of the Convention) and social groups. This requires a complex analysis of the principle in both theoretical and practical aspects of its definition and application. Relying on the methodology of profound analysis of the axiological component of a certain legal phenomenon, like the content of some decisions of the Strasbourg Court, the authors of the article attempt to practically trace the implementation of the principle of Good Governance in the course of administering justice in Ukraine, as a member state of the Council of Europe. Therefore, the article under studies deals with the specifics of practical application of the principle of Good Governance in the ECHR activities, as well as with using precedent experience in the system of administrative judiciary of Ukraine.
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