THE IMPACT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS ON LAW ENFORCEMENT IN UKRAINE

Abstract

The article is devoted to the issue of the impact of the European Court of Human Rights case law on law enforcement practice in Ukraine. The author analyzes the importance of international treaties for the national legal system in the field of human rights. The issues of implementation of international legal norms in the law enforcement process are of particular relevance and importance, since the judiciary is the main guarantor of the rule of law in society and the State. Ukraine, as a democratic and rule-of-law state which has defined its European integration aspirations at the constitutional level, must ensure one of the fundamental human rights, namely, the right to judicial protection, which is recognized and guaranteed in accordance with the generally recognized principles and norms of international law. It is noted that Ukraine, having acceded to the Convention for the Protection of Human Rights and Fundamental Freedoms (with the Protocols), has undertaken to guarantee everyone under the jurisdiction of the State the rights and freedoms defined by the Convention, recognizing the compulsory jurisdiction of the European Court of Human Rights.

It is emphasized that the increasing number of judgments of the European Court of Human Rights rendered in relation to Ukraine actualizes the problem of determining the place of the Convention for the Protection of Human Rights and Fundamental Freedoms (with protocols), as well as judgments of the European Court of Human Rights in the system of sources of national law. It is noted that in Ukraine, the attitude to judicial precedent as a source of law is not stable, neither at the level of scientific thought nor in the law enforcement process. However, the application of precedent becomes necessary for the implementation of constitutional guarantees of human rights and freedoms, as well as for the courts to adequately fulfill the task of achieving fair justice.