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  • The Legal Nature of the ECH...
    Oliinyk, Liliia

    Economic affairs (Calcutta), 05/2023, Letnik: 68, Številka: Special Issue
    Journal Article

    "The purpose of the work concerned the study of the legal nature of the ECHR practice, as well as their place in the sources hierarchy of law of Ukraine, which regulates economic relations. For this, the work used the method of analysis and synthesis, comparison and formal and legal method. As a result of the study, it was established that the status of ECHR judgements as a source of law is determined and consolidated by Ukrainian legislation. It was proved that such regulation allows avoiding conflicts in national legal norms and to achieve unambiguity in the context of the application of the ECHR practice by the courts of Ukraine. In addition, such legislative consolidation ignores a separate sector of economic relations, which concerns compensation for moral damage to economic entities. Thus, the conducted study made it possible to establish that the place of the ECHR judgements in the system of sources of economic law of Ukraine is determined by legislation and is binding for implementation. The practical value of this work was revealed in the possibility of using obtained conclusions by scientists to continue the study of this topic, as well as by judges in the course of solving economic cases."