Namibia exception
“Namibia exception” – documents issued by the occupation authorities, the courts should be taken into account if they neglect is a serious violation or restriction of human rights. A review of this kind of court documents does not mean automatic recognition of the occupation authorities[1].
“Namibian exceptions”, actively promoted for using by courts of Ukraine, are the appropriate by the Case-Law of the European Court of Human Rights (Loizidou v. Turkey, 18.12.1996, §45, Cyprus v. Turkey, 10.05.2001, §§ 92, 96, Mozer v. the Republic of Moldova and Russia, 23.02.2016, §142). According to Article 17 of the Law of Ukraine of 2006 “On the Enforcement of Judgments and the Application of the CaseLaw of the European Court of Human Rights”, while adjudicating cases, courts shall apply the Convention and the case-law of the Court as a source of law[1].
- ^ a b Nesterovych, Volodymyr (2017). "The Rule of Law fnd Human Rights in the Temporarily Occupied Territories of Ukraine" (PDF). Scientific notes of NaUKMA. 200. Legal sciences.: 85–92.