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Title

To the legal nature of judgments of the European Court on Human Rights

Author

Vidergold Anna Igorevna

was born on October 23, 1989. In 2012 she graduated from South Ural State University. Now she is a postgraduate student of Criminal Procedure and Criminalistics Department of South Ural State University. Research interests: sources of criminal procedure law, judicial legal positions. E-mail: pearl3332009@yandex.ru.

Section

Problems and Questions of Criminal Law, Criminal Justice and Criminalistics

Abstract

The article deals with the legal nature of judgments of the European Court on Human Rights. In the Russian theory of the criminal procedure law legal nature of judgments of the European Court on Human Rights is one of the controversial problems. The author analyzes such terms as source of law, source of criminal procedure law. On the basis of analysis of different views of the specialists given in the references author’s definition to the source of criminal procedure law is given. To define the nature of judgments criteria of rating them as a source of law are developed. The author gives the conclusion that the judgments of the European Court on Human Rights have basic features of the source of criminal procedure law.

Keywords

legal nature of judgments, source of law, human rights.

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References