Infopaket

Criminal law aspects of the case law of the European Court of Human Rights

Вибіркова дисципліна для ОП

First

2021/2022

7 Semester

2

Such students’ academic achievements as: knowledge of the origin of international human rights law and the sphere of the Strasbourg Court and the ECHR, negative and positive obligations of the state in the field of criminal law including ECHR and the practice of interpreting provisions under the Strasbourg Court adjudications; to regard the significance of the ECHR in the legal system of Ukraine; to consider main approaches of the Ukrainian concept of criminal law examining European experience. Skills: to identify compliance problems of the provisions of the criminal legislation of Ukraine with the European requirements and practice; to consider the provisions of the ECHR and the case law of the Strasbourg Court in practice. Communication: to have a good command of international legal terminology, correctly formulate one's opinion on the provisions of the ECHR and the Court's practice, consider this experience; a skill to provide reasoning in current case solution.

Full-time form

Effective study of courses "Criminal Law", "Constitutional Law", "International Law"

The course includes acquainting students with the history of international human rights law and international human rights institutions, the impact in this process of the ECHR and the Strasbourg Court; the provisions of the ECHR, which imply negative and positive obligations of the state in the field of criminal law, and the practice of their interpretation by the Strasbourg Court ; the area and significance of the ECHR in the legal system of Ukraine; to consider different approaches of the ECHR and the case law of the Strasbourg Court in the application of criminal law in Ukrainian criminal law concept and judicial practice; to determine problems of compliance of the provisions of the criminal legislation of Ukraine with the requirements of the ECHR.

Buniak V.S. The European Convention on Human Rights and Criminal Law: a scientific and practical guide/ resp. ed. V.S. Kowalski.K.: Jurinkom Inter, 2020. SorokaO.O. Implementation of the case law of the European Court of Human Rights in the criminal law of Ukraine: phd in law thesis abstract, Kyiv, 2015. Khimyak Yu.B. Harmonization of criminal law of Ukraine with the practice of the European Court of Human Rights: phd in law thesis abstract, Science. Kyiv, 2011. Yagunov D.V. The case law of the European Court of Human Rights: the issue of criminal proceedings. Odessa: Phoenix, 2015. Harris D. J., O'Boyle M., Bates E., Buckley C. Harris, O'Boyle & Warbrick: Law of the European convention on human rights. 3rd ed. Oxford: Oxford University Press, 2014. International human rights law / eds. D. Moeckli, S. Shah, D. Harris, S. Sivakumaran. Oxford: Oxford University Press, 2014. Schabas W.A. The European convention on human rights: a commentary. Oxford University Press, 2015.

Teaching methods: 1)lecture - a detailed theoretical report on the area of the ECHR and the Strasbourg Court in the system of modern international human rights law; analysis of certain provisions of the ECHR and the practice of their interpretation under the Strasbourg Court practice; analysis of the impact of positive and negative guarantees arising from the ECHR on national criminal law; 2)discussion– an effective argumentation of problematic aspects of the impact of the European institutions on national criminal law; 3) case study - consideration of separate judgments of the Strasbourg Court, identifying aspects of the impact of these judgements; 4)problem solving assignment - unreal theoretical law enforcement situations in order to determine the outcomes of the appealing process in the sphere of the law of Ukraine on criminal liability comparing with the European experience; 5)independent work - individual study of certain judgements of the case law of the Strasbourg Court.

The final score includes the sum of points obtained during the semester assessment (up to 40 points) and points obtained for the final test (up to 60 points). It consists of two components: 1) a legal opinion on the outcomes of appealing the application of the law of Ukraine on criminal liability in the Strasbourg Court (up to 40 points); 2) testing (up to 20 points). The grade is based on total of the semester assessment and consists of assessments based on the results of lectures and seminars, as well as the results of tests.

Ukrainian