| gen. |
сфера усмотрения (A concept developed by the European Court of Human Rights (ECtHR) when considering whether a signatory of the European Convention on Human Rights (ECHR) has breached the declaration in the ECHR. The doctrine allows the ECtHR to take into account cultural, historic and philosophical differences between Strasbourg and the particular national authority, which mean the ECHR may be interpreted differently. The margin of appreciation therefore gives a national authority room for manoeuvre in fulfilling some of its principal obligations under the ECHR. PLG Alexander Demidov); поле усмотрения (The term "margin of appreciation" refers to the space for manoeuvre that the Strasbourg organs are willing to grant national authorities, in fulfilling their obligations under the European Convention on Human Rights | The margin of appreciation (or margin of state discretion) is a doctrine with a wide scope in international human rights law. It was developed by the European Court of Human Rights, to judge whether a state party to the European Convention on Human Rights should be sanctioned for derogations. WK Alexander Demidov) |
