The concept of the functions of court judgments of the Council of Europe

Abstract

Purpose. The aim of the article is to clarify the characteristic features inherent in the functions of Court judgments of Council of Europe and to formulate on this basis the definition of the concept of the same name. Methodology. The theoretical tools of the study were: universal epistemological principles of cognition, complex, dialectical, axiological approaches, general scientific and special scientific methods of cognition. In particular, the following methods of scientific research were used during the research: analysis, synthesis, induction, deduction, structural, systemic, technical-dogmatic. Results. As a result of the study it was established that the functions of Court judgments of Council of Europe are the main areas of influence of the European Court of Human Rights on the consciousness and conduct of legal entities to guarantee convention rights and fundamental human freedoms under the jurisdiction of a State party to the Convention on the Protection of Human Rights and fundamental freedoms. Scientific novelty. For the first time, the paper substantiates the definition and identifies the characteristic features of the functions of Court judgments of Council of Europe as legal acts that are adopted on the merits and have a dual legal nature. Practical significance. The results of the study can be used for further scientific research in this area, as well as in the law enforcement activities of entities authorized to implement the judgments of the European Court of Human Rights in the national legal order of Ukraine.

Keywords

• functions of legal acts
• functions of judicial acts
• functions of court decisions
• functions of judicial authorities