The practice of the ECtHR in economic and civil law and process: international legal experience

• Tsal-Tsalko, Yuliia ^[1] ; Dryshliuk, Volodymyr ^[2] ; Antonenko, Oleksandr ^[2] ; Pashchenko, Oleksandr ^[2] ; Korshun, Anhelina ^[3]
  1. [1] National University

     National University

     Estados Unidos

     
  2. [2] Odessa State University of Internal Affairs, Ukraine.
  3. [3] Taras Shevchenko Kyiv National University, Ukraine.

  Mostrar afiliaciones +
• Localización: Revista Amazonia Investiga, ISSN-e 2322-6307, Vol. 12, Nº. 61, 2023, págs. 155-164
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The article examines the practice of the European Court of Human Rights (hereinafter referred to as the ECtHR) in commercial and civil law and process, in particular, in the context of implementing compliance in the company. In particular, it is determined which complaints regarding which provisions of the Convention affect business compliance practices and which conclusions from relevant cases the business community implements when building a compliance system. The article examines the question of classifying compliance as an asset that constitutes the company's added value, namely, the category of "goodwill" in accordance with the practice of the European Court of Justice in this area. The purpose of the work is to analyze the international legal experience of using the practice of the ECtHR in economic and civil law and process. The methodological basis of this study is the following methods: methods of analysis and synthesis, methods of induction and deduction, the system method, structural method, functional method, technical-dogmatic method, special-legal method, comparative method, method of legal modeling, method of analysis and synthesis, a method of theoretical generalization and systematization. As a result of the study, the foreign experience of implementing the judicial practice of the ECtHR in economic and civil law and process was analyzed.