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Collisions of Criminal Law Systems in ECHR Practice

Student: Vladislav Kudryavtsev

Supervisor: Gennady Esakov

Faculty: Faculty of Law

Educational Programme: Civil and Criminal Defense Lawyer (Master)

Year of Graduation: 2020

In master's thesis the impact of the European Convention on Human Rights (hereinafter - Convention) and of the judgements by European Court on Human Rights (hereinafter - European Court) on the criminal law systems of the member states to the Convention is studied. Yet the main emphasis is put upon legal reception processes, but not upon influence through the mechanisms of international public law. Thus achieved: 1. Concept of criminal law system is described via comparative methods; 2. Key features of criminal law systems are highlighted; 3. Appropriateness of the Convention and of the European Court judgements regarding criminal law, taken in conjuncture, to the concept of criminal law system is confirmed; 4. Legal characteristics of the common and continental criminal law systems is given, as well as of the criminal law system created within the Convention; 5. The mutual legal reception of criminal law systems is demonstrated; 6. Factors determining the nature of such a reception are determined. The master's thesis is aimed at solving problems arising from European Court judgement that are unenforceable due to their (decisions) of contradiction to the basic principles of the criminal law systems of the states parties to the Convention. As a result, a list of factors is proposed, the consideration of which would allow the European Court to make more enforceable decisions, which should cause more efficient protection of human rights.

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