Розуміння терміна «сімейне життя» в контексті ст. 8 Конвенції про захист прав людини і основоположних свобод
The understanding of the term «family life» in the context of Art. 8 of the Convention for the Protection on Human Rights and Fundamental Freedoms

Summary/Abstract: Since the extension of jurisdiction of the European Court of Human Rights toUkraine, when European Convention on Human Rights and Fundamental Freedomscame into force (11 September 1997; ratified on July 17 of the same year), there areexamples of estimation of norms of Ukrainian legislation in General, and Art. 8,which is the subject of our consideration, from the point of compliance with theprovisions of the Convention. Unfortunately, the annual practice of the StrasbourgCourt demonstrates the discrepancy of the legislation of Ukraine with the provisionson protection of rights guaranteed by the Convention itself and the Protocols thereto.Ukraine is consistently among the top five on amount of applications on theprotection of violated rights to the European Court of Human Rights, taking into theaccountand the fact that object to the appeal against Ukraine could be violationscommitted since 11 September 1997. On the contrary, there is consistently lowpercentage of enforcement of the European Court Judgments on Ukraine, particularlyin damages. Our work is in grater extent devoted to understanding of the concept of«family life» within the meaning of Art. 8 of the Convention and its relationship withthe concept of «private life».Current understanding of the concept of «family life» by the Conventionpassed a certain evolutionary way. Not accidentally Art. 8 of the Convention apliesthe term «family» using a multifaceted construction «family life», and of coursr,considering understanding of «family» in face legal orders. Understanding of theconcept of «family life» constantly goes through expansion due to the influence ofdifferent social processes, from migration to advanced medical technologyies, thatillustrates the application of the principle of effective and dynamic interpretation oflaw the Strasbourg court. This principle stipulates the evolutionary interpretation ofConvention norms, transforming Convention into a living instrument that responds tothe changing of present situation and allows to constantly expand guaranteesprovided by this document.In the examples considered in the paper, we note that the interpretation of theterm «family life» primarily carried out by the Court from giving preference toprotecting the interests of children, even if not their rights are violated in fact.

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