The legal nature of soft law acts of the Council of Europe

Abstract

The article examines the effectiveness of soft law as a regulator of legal relations between the member states of the Council of Europe. Existing approaches to the definition of soft law are analyzed.Author proposes to separate from the traditional conception of international law as a system of universally binding norms developed by states, taking into account postmodern trends in the transformation of national legal systems. Soft law is recognized as a real form of modern international law that has legal consequences. The article appoints the sources that make up the soft law within the legal system of the Council of Europe.The influence of soft law acts of the Council of Europe bodies on the legislation of Ukraine is investigated. Pros-pects for the development of soft law in the research area are determined.The role of “soft law” acts is presented on the example of the acts of the Venice Commission (European Com-mission for Strengthening Democracy through Law) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which are specialized agencies of the Council of Europe.Examples of the impact of soft law acts of the Council of Europe on the national legal systems of the partici-pating countries are analyzed. Their axiological influence on the democratization of national legal systems and the formation of human-centered legal ideology in Europe has been determined. The article determines the orientation of the parliaments and governments of the member states of the Council of Europe on the acts of soft law of its bodies in the legislation. The place of soft law acts of the bodies of the Council of Europe in the system of sources of international and national law is considered through the prism of the sociological school of law.