Суть розробки, основні результати:
The article reinvented moral and ethical content of the European Court of Human Rights and its importance for the development of criminal law and their application. Ukraine as a non-permanent member of the UN Security Council is obliged to exert maximum efforts to implement the declaration of taking of human security as a right to be free from fear and want, with an equal opportunity to enjoy all their rights and fully disclose their human potential. Given the current socio-economic situation of our country, there is an urgent problem of the return of confidence in the necessity of compliance, including criminal, because the robbery in the
daytime in front of numerous witnesses is, unfortunately, a common crime. Morality, ethics, religion became hostages of a new understanding of art. 3 of the Convention - if a person loses hope, then it loses its dignity. Acute becomes the problem of proliferation of rights - their constant reproduction and failure to ensure their basic state. Within the meaning of the ECHR sentence that meets the minimum standards provided art. 3 of the Convention must be «reducible», ie one that may be subject to reduction, therefore, the state should be mechanisms to review the decision to life imprisonment with the expiration of the prescribed minimum terms.
This applies above all convicts to life imprisonment, which should be guaranteed by the hope of a possible pardon or retrial. Such legal opinions of the ECHR are binding for Ukraine as a member of the Council of Europe and signatory of the Convention, but they are recognition primarily relatives of dead people (for other crimes life imprisonment is not intended in Ukraine) is unlikely to happen. Here and there the eternal relationship between law and morality - in terms of law - everyone has to have hope, otherwise lose dignity, and whether it is moral - the question remains open.
