A constitutional right to appeal to international judicial institutions and international organization

Work number - M 46 AWARDED

Presented by the KievNationUniversityofTradeandEconomics

Author: Deshko Lyudmyla Mykolaivna

This research focuses on constitutional right after exhausting all domestic legal rights to seek protection of the rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organizations.

The research looks at the evolution of approaches to the constitutional right to seek protection of the rights and freedoms in the relevant international judicial institutions or in the relevant bodies of international organizations in domestic jurisprudence. It also analyzes the process of formation and development of the idea of human and civil rights, its transformation in the principle of human and citizens’ rights in the historic retrospective and its evolution

The research also defines the principles of judicial decision, application of lawfulness and «de minimis non curat praetor», their content and place in the system of principles of constitutional law of Ukraine; criteria of compliance with the obligation of the court to justify their decisions; the concept of significant harm sustained by the applicant for the relevant international judicial institutions; criteria for evaluating its presence or absence.

The following criteria of a court’s commitment to the obligation to justify its decisions are identified.The research defines system of legal and organizational guarantees of constitutional right of everyone to seek protection of their rights and freedoms in the relevant international judicial institutions or in the relevant bodies of international organizations and the ways of their development in Ukraine. The concept of constitutional law and the proposals on how to improve its constitutional and legal regulation as well as implementation practice are suggested.

Compared with the world's analogues in the research focuses at comprehensive scientific analize of the right to appeal to international judicial institutions and international organization (not only to the European Court of Human Rights or UN bodies for the observance of human rights).The international legal mechanism of access to the European Court of Human Rights has changed. One of the elements of this mechanism is the conditions of admissibility of individual applications (Protocol No. 14 to the Convention, Protocol No. 15 to the Convention). The research also definesthis mechanism.

The provisions, conclusions and proposals formulated in the research have been used by the Committee on European Integration of the Verkhovna Rada of Ukraine (Implementation Act No. 04-17 / 16-1204 dated August 26, 2016), the Department of Agricultural Development of the Kyiv Oblast State Administration (Implementation Act No. 02-01.2-1 / 1387 dated August 10, 2016), the Supreme Administrative Court of Ukraine (Act No. 2028 / 2-14 / 16 of September 26, 2016). The economic effect of the implementation is to create the prerequisites for reducing the number of applications to international judicial institutions against Ukraine, and, consequently, reducing the losses incurred to the State Budget of Ukraine as a result of the payment of compensation.

Number of publications: 54, incl. 1 monograph, 4 textbooks (2 recomended by the Ministry of Education and Science of Ukraine), 35 articles (18 – in foreign publications). According to the Google Scholar database, the total number of links is 117, h-index (at work) = 5. The author of this research protected the dissertation of the Doctor of Law degree.

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