Samovich Y.V. Legal Effect of Regulations of the European Court of Justice on Human Rights in the Sphere of Civil Rights and Duties Definition

Abstract: The aim of the article is to analyze the legal positions of “autonomous interpretation” that are contained in the regulations of the European Court of Justice on human rights in the scope of civil rights and duties definition, which are the reasons for a reference to the court in compliance with article 6 of the European Convention on human rights. The issues are considered on compliance of civil legislation in Russia to the practice of the European Court; the practice of the courts in the Russian Federation is estimated. Resume is based on the precedent-related practice of the Court that is still in the process of constant development and improvement. The research result allows to reveal the list of reasons of references to the court, to broaden the scope of individual reference to the court for the purpose of protection their civil rights, and to bring a number of issues of public character into the category of “private interest” and to determine the criteria of such division.

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