E.V. Aristov, 

Candidate of Legal Sciences, Senior Lecturer of Department of Business Law, 

Civil and Arbitration Procedure of Perm State National Research University 

The article describes the role and the meaning of the court practice when hearing the cases by the court bodies. The issue of finding the interpreted and properly verified court practice is researched. The principle ways of interpreting the court practice by the court organizations are defined. The influence of the court practice onto the legislator is described. The specific features of the state sociality principle interpretation by the European Court of Human Rights and the Inter-American Count of Human Rights are researched in detail (using the analysis of the regulations of specific cases). Special attention is given to the procedural preferences for specific categories of complainants of the cases. Despite the fact that the right to welfare and the right to receive social benefits not fixed in the European Convention for the protection of human rights and fundamental freedoms of 4 November 1950 directly, including in a procedural form (reference with the relevant applications to the court and other authorities), the European court often refers to the conceptual framework and principles of the functioning of social security systems applying the analogy of law In its rulings. Separate decisions of the European court of human rights also contain some approaches to the definition of the welfare state, despite the fact that the provisions are not directly enshrined in the European Convention for the protection of human rights and fundamental freedoms. 

Keywords: legal norms; court practice; court bodies; European Court of Human Rights; Inter-American Court of Human Rights; state sociality principle. 

References 

Edidin B.A O dopustimosti sudebnogo pravotvorchestva [On the admissibility of judicial lawmaking]. Jurist = Lawyer. 2004. No. 11. P. 57–60. (in Russian)

Aristov E.V. Social’noe gosudarstvo v konstitucionnom prave: k voprosu o diskussii otnositel’no ponjatija [Social state in the constitutional law: on the discussion of the notion]. Vestnik Permskogo universiteta. Juridicheskie nauki = Perm University Herald. Yuridical Sciences. 2015. No 3 (29). P. 8–14. (in Russian)

 

Information about the author: 

Aristov E.V. (Perm, Russia) – Candidate of Legal Sciences, Senior Lecturer of of the Department of Entrepreneurial Law, Civil and Arbitration Procedure of the Perm State University (614990, Perm, Bukireva st., 15; е-mail: [email protected]).