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12 Rev. Eletronica Direito Sociedade 1 (2024)
Standards and Safeguards Stemming from the Right to Respect for Private Life and the Right to a Fair Trial: Applicability with Respect to Administrative-Law Matters of Civil Service

handle is hein.journals/redes12 and id is 503 raw text is: 



      Standards   and  safeguards   stemming from the right
      to respect for private life and the  right to a fair trial:
        applicability  with respect  to administrative-law
                      matters  of civil service


                                            Oleksandr Krupytskyi
                       Department of Strategic Investigations of the
                                        National Police of Ukraine
                          https://orcid.org/0000-0003-0578-5372

                                               Petro Dikhtiievskyi
                     Taras Shevchenko  National University of Kyiv
                          https://orcid.org/0000-0001-9452-5008

                                                    Denys Krylov
                                 Zaporizhzhia National University
                          https://orcid.org/0000-0001-8522-5433

                                               Mariana Balamush
                        Odessa I. I. Mechnikov National University
                          https://orcid.org/0000-0001-6764-2591

                                                   Yevhen Leheza
                                University of Customs and Finance
                          https://orcid.org/0000-0001-9134-8499




Abstract: The purpose of this study is to determine the key substantial
and procedural standards and safeguards stemming from the right to
respect for private life and the right to a fair trial enshrined the
Convention  on the Protection of Human  Rights and  Fundamental
Freedoms  of 1950 that are applicable with respect to matters of civil
service governed norms of administrative law. For this, the method of
analysis and systematic research of legal rules should be used, as well
as generalization and synthesis of requirements for conformity of civil
service law with the afore-mentioned rights and fundamental freedoms
of civil servants as they are interpreted in the case-law of the European
Court of Human  Rights. The article shows excerpts from precedent
decisions of the European Court of Human Rights indicating scope of
applicability and justification of interference with the right to respect
for private life in civil service relationships, as well as peculiarities of
determination of scope of subject-matter jurisdiction of domestic courts
and of legal remedies control in employment-related cases involving
civil servants according to the case-law of the European Court of
Human  Rights that concerns the right to a fair trial.

Keywords:  norm of administrative law, civil service, civil service law,
legal rule, case-law of the European Court of Human Rights.

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