Acts of international judicial bodies as a factor in the convergence of national legal systems
Year: 2025
Type: article
Abstract: The present article is devoted to the study of the problem of harmonization of national legal systems, which is one of the pressing issues in legal science and practice, as this process is linked to interstate cooperation and the natural development of humanity and society. The interaction of the legal systems of states has become a topic of scientific discussions. Scholars addressing this problem have mainly focused on the general characteristics of the process of harmonization of legal systems of states. The aim of this article is to examine the precedents and acts of international judicial institutions, identifying the effectiveness of judicial practice in the harmonization process of the legal systems of various countries. The object of the study is the international law enforcement practice. The subject of the article consists of the acts of international judicial bodies established to influence national legal systems and to ensure their harmonization. The methodological framework comprises general scientific methods (comparison, analysis, synthesis, analogy, deduction, induction, and others), special methods (formal-logical, interpretation of law, and others), and other cognitive methods. The scientific novelty of the work lies in the comprehensive study of the practice of the European Court of Human Rights and the Court of the Eurasian Economic Union and the mechanism for monitoring the implementation of international court rulings, revealing the characteristics of the relationship and interpenetration of national legislations in the examination of specific cases. In particular, in the case of Engel and Others v. Netherlands, the European Court of Human Rights presented a legal position on issues of access to justice, which was later developed and confirmed in the case law of the Court and had an integrative impact on the legislation of the member states of the Council of Europe. The theoretical significance of the article is determined by its contribution to expanding and deepening knowledge about the peculiarities of the process of harmonization of national legal systems. The practical significance of the research findings lies in the fact that the conclusions contained in the study can be used in the process of improving international and national legislation and law enforcement practice, as well as in finding and selecting the most appropriate measures to ensure more effective interaction of the legal systems of states. The research results can be applied in scientific research and educational activities.
Source: Право и политика
Author: Liudmila Churkina
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410418176