Back to Search Start Over

УПОВНОВАЖЕНИЙ У СПРАВАХ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ: ДЕЯКІ ОСОБЛИВОСТІ ПОСАДИ У СВІТЛІ РЕФОРМУВАННЯ ЗАКОНОДАВСТВА УКРАЇНИ ПРО ПУБЛІЧНУ СЛУЖБУ

Authors :
С. А., Федчишин
Source :
Analytical & Comparative Jurisprudence; 2024, Issue 4, p451-455, 5p
Publication Year :
2024

Abstract

this article is dedicated to the analysis of certain features of the position of the Authorized Person in the Affairs with European Court of Human Rights in the context of the reformation of Ukrainian legislation on public service. It is noted that a necessary condition for the effective organization and execution of public service in Ukraine is the proper differentiation of state positions into political, administrative, judicial, and patronage, as well as a clear distinction of their legal status. It is emphasized that the position of the Authorized Person in the Affairs with European Court of Human Rights in the current legislation of Ukraine is not clearly classified as a state position of a certain type. At the same time, the analysis conducted allows for the assertion that the position of the Authorized Person in the Affairs with European Court of Human Rights simultaneously has features of both political and administrative positions (in particular, positions of the civil service). It is emphasized that such ambiguity can negatively affect the effectiveness of the public service and the development of the institutional system that ensures the representation of Ukraine in the European Court of Human Rights during the consideration of cases concerning violations of the Convention for the Protection of Human Rights and Fundamental Freedoms, coordinates the implementation of its decisions, and informs the Committee of Ministers of the Council of Europe about the progress in implementing the decisions of the European Court of Human Rights. In this regard, a conclusion is made about the necessity of clearly classifying the position of the Authorized Person in the Affairs with European Court of Human Rights as a state position of a certain type, which undoubtedly requires developing balanced approaches to regulating the legal status of the Authorized Person in the Affairs with European Court of Human Rights, resolving issues related to the appointment to this position, exercising the powers of the position, and dismissal from the position, etc., which, in turn, necessitates amendments to the laws of Ukraine «On Civil Service» dated 10.12.2015 and «On the Execution of Decisions and Application of the Practice of the European Court of Human Rights» dated 23.02.2006. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
27886018
Issue :
4
Database :
Complementary Index
Journal :
Analytical & Comparative Jurisprudence
Publication Type :
Academic Journal
Accession number :
179430544
Full Text :
https://doi.org/10.24144/2788-6018.2024.04.74