Tag: Европейский суд по правам человека

Protection of the right to freedom of expression on the internet in the practice of the European court of human rights

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. Protection of the right to freedom of expression on the internet in the practice of the European court of human rights//Science online: International Scientific e-zine - 2021. - №4. - https://nauka-online.com/en/publications/yurisprudentsiya/2021/4/11-5/

Annotation: The Internet plays a significant and ever-growing role in modern society. This is due, among other things, to the growing number of cases in which participants apply to the European Court of Human Rights ("the Court") to protect their right to freedom of expression on the Internet. However, the right to freedom of expression on the Internet is not absolute, ie the state may apply restrictions on its implementation. But such restrictions must be established by law and pursue a legitimate aim. The article examines the case law of the Court, we believe that the bulk of the cases were initiated by complaints of violations of two articles of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention): Art. 8 (the right to respect for private and family life) and Art. 10 (right to freedom of expression). In its decisions, the court defined the boundary of private life, noting that it includes such aspects as images of a person, his personal data, including biometric information, DNA samples, etc. The paper finds that the Court proceeds from the fact that the dissemination of information on the Internet falls under the protection of Art. 10 of the Convention. At the same time, he acknowledged that the level of protection of information posted on the Internet differs from that provided by information disseminated in the media. In addition, the legal positions developed by the Court on the blocking of Internet sites, the liability of Internet providers for disseminated information and comments, the relationship between freedom of information and copyright, etc. are of significant interest.

Features of application of the principle of rootity rights in the economic process of litigation

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and . Features of application of the principle of rootity rights in the economic process of litigation//Science online: International Scientific e-zine - 2020. - №6. - https://nauka-online.com/en/publications/yurisprudentsiya/2020/6/osobennosti-primeneniya-printsipa-verhovenstva-prava-v-hozyajstvennom-protsesse-sudoproizvodstva/

Annotation: The scientific article provides a comprehensive analysis of the conditions for compliance with the principle of the rule of law as a defining principle in commercial litigation; the ratio of the principles of legality and the rule of law is characterized. The scientific article considers approaches to understanding the essence of the rule of law, which allow to imagine the diversity of interpretations of this concept, the peculiarity of subjective understanding not only by the person researching this issue, but also by an individual who has specific areas of law. Also in the scientific article the peculiarities of application of the principles of legality of the rule of law in the decisions of the European Court of Human Rights are considered.

Actual problems for applying the practice of the European court of human rights by national courts

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. Actual problems for applying the practice of the European court of human rights by national courts//Science online: International Scientific e-zine - 2020. - №1. - https://nauka-online.com/en/publications/yurisprudentsiya/2020/1/aktualnye-problemy-primeneniya-praktiki-evropejskogo-suda-po-pravam-cheloveka-natsionalnymi-sudami/

Annotation: The scientific article is devoted to analysis of problematic issues that arise in the field of application the practice of the European Court of Human Rights by national courts. Based on the analysis of Ukrainian judicial practice, in the article are provided the most common negative factors that make impossible effective, timely and correct application of the practice of the European Court of Human Rights by the courts of first and second instance, and ways to eliminate them.

Respect for the principle of the lawfulness of criminal proceedings in the enforcement activities of the European court of human rights

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. Respect for the principle of the lawfulness of criminal proceedings in the enforcement activities of the European court of human rights//Science online: International Scientific e-zine - 2019. - №12. - https://nauka-online.com/en/publications/yurisprudentsiya/2019/12/dotrimannya-printsipu-zakonnosti-kriminalnogo-provadzhennya-u-pravozastosovnij-diyalnosti-yevropejskogo-sudu-z-prav-lyudini/

Annotation: The principles of criminal proceedings are generally recognized standards that define the essence of criminal proceedings, ensuring the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings. One of such principles is the principle of legality. This article describes the principle of legality and considers trends in its implementation in the activities of the European Court of Human Rights. Particular attention is paid to studying the content of the concept of “legality”, as it is interpreted by the European Court of Human Rights, the principles of criminal justice of the European Union are defined. The problem of legality is one of the centralities in the general theory of state and law. Its relevance is obvious both from a theoretical and practical point of view. The importance of this problem is explained by the fact that the concept of legality is inextricably linked with such institutions and parties of the state-legal life of society as the functions of the state, law-making, forms of realization of law, democracy, law, freedom and responsibility of the individual.

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