Конвенція про захист прав людини та основоположних свобод як джерело конституційного права України

In the article, the author highlights the issue of implementing the decisions of the European Court of Human Rights into the national legal system. It is outlined that the issue of approximation of national legislation, including court decisions, was outlined back in 1991, when Ukraine received the status of an independent state and took the European integration path of the country’s legal development. Since 1998, Ukraine has ratified a number of European conventions, among which it is worth noting: the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention on Human Rights. As an impetus for the approximation of European Union law and the implementation of the decisions of the European Court of Human Rights, the Verkhovna Rada of Ukraine in 2006 adopted the Law of Ukraine «On the Execution of Decisions and Application of the Practice of the European Court of Human Rights». And, although the Romano-Germanic legal system does not provide for case law, at the same time elements of case law are traced in Ukrainian legislation. The author emphasizes in the article that the European Court of Human Rights calls its own practice precedent. In turn, judicial precedent is that the European Court, when resolving a particular case, tends to generally follow the approaches that it used earlier. At the same time, legal practice has shown significant difficulties not only with the correct understanding, but also with the application of both international documents and decisions of the European Court of Human Rights. The application of thе European Court of Human Rights practice should contribute to the formation of unity of judicial practice in the protection of human rights, freedoms and interests. The author also gives his own commentary on the theses put forward by legal scholars on the issue of implementing the decisions of the European Court of Human Rights into Ukrainian legislation and the procedures for approximating European legislation to national legislation. In his study, the author reveals the issue of stagnation in the national legal system not only in resolving individual cases by analogy, but also in fully applying case law. The author also believes that a reasonable consensus is needed between the Constitutional Court of Ukraine and other bodies in the state.

The urgency of the research is stipulated by the necessity to study the European Court of Human Rights practice as a source of law at the regional level, which affects the development of national legal systems. The purpose of the article is to elucidate the European Court of Human Rights practice as a source of law for member states to the Convention for the Protection of Human Rights and Fundamental Freedoms (on the examples of individual decisions). The research is based on the understanding of law as a dynamic social and cultural phenomenon having a specific content and is closely related to human dignity, human rights and justice. Legislation is only one form of law that can exist outside the prescriptive texts, which requires the use of the hermeneutic method and content analysis of the European Court of Human Rights decisions. The article finds out that the European Court of Human Rights is one of the most effective institutions for human rights implementation. Applying the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, which was adopted in 1950, through a dynamic interpretation, the European Court of Human Rights ensures the effectiveness and efficiency of this international treaty, revealing the content in the aspect of modernity. States parties to the Convention for the Protection of Human Rights and Fundamental Freedoms are obliged to comply with the European Court of Human Rights decisions, which (the court) always follows its practice, ensuring legal certainty and the rule of law. This allows considering the European Court of Human Rights a subject forming legal doctrines at both regional and national levels. The materials of the article can be used for scientific research of the European Court of Human Rights practice as a source of law at the regional level, which affects national legal systems. The main provisions of the article can be used to justify the study of ECHR practice by lawyers as well as law students and civil servants.

The article is devoted to the study of the European Court of Human Rights practice implementation into the national legal system by domestic legal science, in particular, administrative law. It is noted that the issue of the European Court of Human Rights decisions implementing into the national legal system arose before Ukraine in 1997 when the Convention for the Protection of Human Rights and Fundamental Freedoms was ratified. It is noted that a significant role in the process of national law improving belongs to the European Court of Human Rights, which is the body monitoring compliance with the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms by the Member States. Emphasis is placed on the fact that to date there has been no comprehensive study of the European Court of Human Rights practice in the administrative law sources system, which would be based on Western legal culture in Ukraine. It is noted that the European Court of Human Rights decisions nature is a “challenge” for the domestic legal system, that did not recognize case law as a source of law and, moreover, the interpretation of the category “human rights” by Strasbourg court is qualitatively different from its understanding by domestic legal doctrine, still being largely based on the perception of rights as opportunities guaranteed by law. Until now, the principle of legality was the fundamental law principle, and the justification of the decision taken in the administrative process was reduced to a reference to the prescription of the normative legal act. Legal provisions set out in judgments of the European Court of Human Rights are based on other legal postulates. The analysis of scientific sources, the object of study of which is the European Court of Human Rights practice as a source of administrative law, is being tcarried ou. It is suggested that the existing scientific research of the European Court of Human Rights as a source of administrative law be classified into two groups: scientific papers, the subject of which is the European Court of Human Rights practice; scientific papers, the subject of which is the impact of the European Court of Human Rights practice on the national legal system, the immanence of features of forms of lawforms to this practice, etc. It is concluded that the analysis of scientific developments of the European Court of Human Rights practice as a source of administrative law by domestic legal science allows us to conclude about the relevance of the chosen topic, its lack of research and the need for elucidation.

The article describes the identifying areas of influence of the European Court on the legal system of Ukraine, as well as the enforcement mechanism of decisions. Analyzes the problems that affect the designated question and points of view of different scholars and practitioners. In Europe there are different documents – convention covenants, charters that provide and ensure the inclusion of a special protection mechanism in case of violation of human rights. These documents Convention on Human Rights and Fundamental Freedoms (Rome, 1950, hereinafter - the Convention), which provides the most effective and real protection mechanism for human rights. Convention not only proclaimed fundamental human rights, but also created a special mechanism to protect them. The key to this mechanism is the European Court of Human Rights. European Court of Human Rights (hereinafter - the Court) located in Strasbourg, France. Its jurisdiction extends to forty-seven European states that are members of the Council of Europe and signatories. Article 9 of the Constitution of Ukraine clearly states that international treaties, ratified by the Verkhovna Rada of Ukraine are part of the national legislation of Ukraine. The Court can not apply the law that governs the legal relationship in question, other than an international agreement. However, international agreements apply if they do not contradict the Constitution of Ukraine. Urgency of the problem by the growth requirements of the rule of law in the judiciary, increasing legal awareness of citizens and their activity to protect their rights and freedoms, the presence of non judicial legislation with international legal acts. Procedural legislation of Ukraine in many aspects not harmonized not only in line with the decisions of the European Court, but also to the current constitution. Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms July 17, 1997. Since then, the citizens of our country have an opportunity to apply for protection of violated rights to the European Court. The Convention, the basic human rights and freedoms, and in performance of work by an international agreement is necessary to consider the interpretation of the Court. It follows from Article 32 of the Convention, according to which the jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and its Protocols. The case-law of the European Court increasingly becoming an important source of law in Ukraine. The European Court is the subject of judicial lawmaking. The high authority of the European Court was obtained by ensuring uniform interpretation and application of the Convention across the entire European continent. Number of appeals to the European Court is growing, and more and more of its decision relating to the interpretation of law, and the problems of its imperfection.Law of Ukraine «On execution of decisions and application of the European Court of Human Rights» dated February 23, 2006 by fundamental for the legal system of Ukraine provisions. The existence of precedents of the European Court as a unique source of law is due, usually gaps in the law or its ambiguous understanding. In terms of reforming legislation of Ukraine, the European Court in its systematic conceptual models provide certain legislative activities. The court is designed to ensure strict adherence to and compliance with the rules of the Convention by the States Parties. It carries out this task through the consideration and resolution of specific cases taken him to the proceedings on the basis of individual complaints filed by an individual, group of individuals or non-governmental organization. It is also possible filing complaints of violations of the Convention by the State - a member of the Council of Europe of another Member State. European court can not reverse the decision rendered by a public authority or national court does not give instructions to the legislator, the abstract does not control the national legislation or judicial practice has no right to order measures with legal consequences. The Court considers only specific complaint in order to establish whether indeed been admitted violation of the Convention. However, the Court has the right to award «just satisfaction claim» in the form of financial compensation for material damage and moral damages and compensation side that won all costs. European Court puts the main purpose of the payment of financial compensation for infringement of the applicant's main task - to draw attention to the fact of violation of the relevant articles of the Convention and provide the applicant all remedies, where he was denied a national legal system

It is indicated that proper protection of fundamental human rights is a key criterion for the existence of a true legal state. Coverage of the functioning of the European Court of Human Rights is becoming increasingly widespread in the information space. The significance of this institution not only does not decrease over time, but also increases. Today, the ECHR has become an effective mechanism of legal protection for those citizens who have exhausted the possibilities of achieving justice within the national legal system. The article examines the impact of the ECtHR decisions on the protection of human rights through the prism of modern challenges and threats. It is noted that the imperfection of the national judicial system is an obvious fact. At the same time, Ukraine is among the five countries with the largest number of applications to the European Court of Human Rights. It is emphasized that the fact that more and more people are applying to the European Court of Human Rights indicates that it is an effective mechanism for protecting their rights and freedoms. However, the ECtHR is a supranational mechanism for the protection of human rights: its capabilities are limited by its powers, the breadth of which is determined taking into account respect for the sovereignty of the member states that have voluntarily undertaken to implement the decisions of the Court to which they are parties. The effectiveness of the legal protection mechanism established by the European Convention on Human Rights depends not only on the efficiency of the Court’s work, but also on how conscientiously states implement its decisions. And only the combination of these two factors has the effect of ensuring human rights and fundamental freedoms stipulated by the Convention. It is concluded that in the context of adapting Ukrainian legislation to EU legislation, ensuring social human rights (the right to a decent standard of living and social development), political rights (compliance with international electoral standards, the right to association), and protecting human rights are the key to stable partnership relations with EU member states. Ukraine needs to continue to make considerable efforts to ensure the effectiveness of the Convention for the Protection of Human Rights and Fundamental Freedoms, to create new effective national remedies for its violations, and to adapt national legislation to European standards. That is, the most effective and direct protection of human rights and freedoms guaranteed by the Convention should be ensured at the national level.

Criminal law offers the possibility of interfering with human life. To avoid such unjustified interference, society and the state must guarantee that human and civil rights are protected and that the standards established in the Convention for the Protection of Human Rights and Fundamental Freedoms are observed. Therefore, it is important to analyze the dynamics of the implementation of the protective function in the conviction of crimes in the interpretation of the European Court of Human Rights ECHR. In the methodological, he made of dialectics and documentary observation. The work aims to analyze the practice of the European Court of Human Rights, which tracks the dynamics of the protection function in sentencing for crimes. As a result of the study, the dynamics of the protection function in sentencing for criminal offenses were clarified through the practice of the ECHR, the problematic issues of the implementation of the protection function were analyzed in the example of Ukraine and foreign countries, and proposals were made, to use the practice of the ECHR as a “living tool” for the protection of human and civil rights and freedoms.

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

This note is devoted to the study and analysis of legal issues of the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in Ukraine. The research states that the Convention is one of the first human rights documents based on the principles of ensuring objective standards and providing protection to individuals against abuse of state power. The note proves that the Convention, which is inherently a new generation treaty, not only establishes rights and obligations for states that are traditional for sources of classical international law but also enshrines the obligations of Member States to its citizens, individuals, and legal entities – all those under its jurisdiction. The research stipulates that with its accession to the Council of Europe in 1995, Ukraine not only showed its recognition of the rule of law but also undertook the commitments to ensure human rights and fundamental freedoms, thereby confirming its European democratic choice. In 1997, with the ratification of the Convention, a new stage began in the development of human rights and fundamental freedoms in Ukraine. The note states that Ukraine takes third place among the 47 Member States of the Council of Europe in terms of the number of appeals to the European Court of Human Rights. A negative tendency to increase the submission of complaints by citizens of Ukraine to the European Court of Human Rights is intensifying every year. This indicates that nowadays, the need to achieve maximum compliance of Ukrainian legislation with European standards in the field of human rights and the prevention of their violations remains urgent. The note concludes that at the present stage, among the most problematic issues of Ukraine’s cooperation with the Council of Europe is the reform of the judiciary – in particular, bringing it in line with European norms in accordance with the recommendations of the Councils of Europe institutions, strengthening the fight against corruption, etc. The authors offer a set of proposals and recommendations on the necessity of achieving maximum compliance of Ukrainian legislation with the European standards of the Council of Europe in the field of human rights and prevention of their violations to reduce the number of appeals of Ukrainian citizens to the European Court of Human Rights. The research emphasises that the construction of a democratic legal state and Ukraine’s accession into the European system of human rights protection should exist in reality, as well as be supported by the relevant internal and external policy of the country in regard to human rights, the harmonised system of legislative acts, and the real mechanisms of guarantees of fundamental freedoms. Keywords: Human Rights, European Values, Fundamental Freedoms, Judicial System, European Vector, Legal Instruments, European Court of Human Rights, Implementation Process.

Ukraine has recognized the jurisdiction of the European Court of Human Rights by acceding to the Convention for the Protection of Human Rights and Fundamental Freedoms. The implementation of Western concepts of the rule of law, human dignity and human rights stipulates study of the European Court of Human Rights practice, which, in accordance with national law, is the source of Ukrainian law. It is emphasized that the enshrinement of the rule of law principle in a number of laws was accompanied by a normative provision on the necessity to understand the content of this principle through the European Court of Human Rights practice.
 The purpose of the study is to elucidate the general provisions characterizing the impact of the European Court of Human Rightsice practice on the national system of Ukraine.
 It is substantiated that the European Court of Human Rights ensures the relevance of the Convention for the Protection of Human Rights and Fundamental Freedoms provisions, compliance of its rules with modernity, ensuring the general spirit of the Convention for the Protection of Human Rights and Fundamental Freedoms which is designed to uphold and ensure the values of a democratic society.
 It is noted that in interpreting the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human Rights is a kind of subject of legal doctrines making in the field of human rights affecting the legal systems of the states parties to this Convention.
 Some decisions of the European Court of Human Rights in cases against Ukraine, which played a significant role in changing the national legal system, are analyzed, in particular,the decisions in the cases Koretsky and Others v. Ukraine, Natalia Mykhaylenko v. Ukraine, and Volokhy v. Ukraine.
 The following legal provisions as the separation of law and the law are mentioned, giving priority to law over the law in case of contradiction between them; understanding the content of the rule of law, the importance of legal certainty and reasoning of the decision to restrict human rights, legal equality of people, and giving real access to a fair trial to a person, etc.
 It is concluded that when considering the applicants' complaints about Ukraine's non-fulfillment of its obligations in the field of human rights, the European Court of Human Rights forms legal provisions that become an integral part of the domestic legal system, in some cases they (the decisions) are the factor in changing legislation, and influence the legal doctrine transformation.

The article has been devoted to the analysis of the nature of the decisions of the European Court of Human Rights as a source of constitutional law of Ukraine. The nature of the judgments of the European Court of Human Rights has been characterized depending on the following factors: state legal system, constitutional approach to the relation between national and international law, the level of bindingness of decisions of the European Court of Human Rights for public authorities. The author has concluded on the duality of nature the decisions of the European Court of Human Rights, namely that, the author considers that the decisions of the European Court of Human Rights have a complicated, complex structure, combining the properties of both a right-interpreting act and a judicial precedent. According to the author, the decisions of the European Court of Human Rights are intended not only to resolve the cases under trial, but also to specify and interpret the rules of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It has been established that the current Ukrainian legislation, establishing the primacy of the rule of law before the law, provides for the obligation of the judicial authorities to apply the decisions of the European Court of Human Rights as a source of law and at the same time the duty of the state to enforce the decisions of the European Court of Human Rights in cases where Ukraine is the defendant. In addition, as the case law of the European Court of Human Rights shows, the judiciary itself emphasizes in its decisions the interpretative nature and the binding nature of all its decisions to be taken into account by all States parties. The Constitutional Court of Ukraine constantly uses the decisions of the European Court of Human Rights to form its own legal positions, after which they actually become a substantive element of the motivating part of the decision of the Constitutional Court of Ukraine. It has been concluded that regardless of whether or not the decision of the European Court of Human Rights has been ruled on Ukraine, it is a source of constitutional law in Ukraine.

The article deals with the ways of regarding the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine, which is relevant both in terms of the criminal procedure as a science and for the practice of law enforcement. The purpose of the article is to formulate the concept of the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine. The paper justifies the opinion that the case law of the European Court of Human Rights is developed and based on the decisions of the European Court of Human Rights and the European Commission of Human Rights, regardless of the country in which they were adopted (i. e. has a polyterritorial jurisdiction over states being the participants of the Convention). The article proves that the case law of the European Court of Human Rights is draws upon the decisions made by the European Court of Human Rights and the European Commission of Human Rights regardless of the time of adoption, i. e. it includes the decisions adopted before Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms. The author points out the appropriateness of classifying decisions that have acquired the status of final as «case law of the European Court of Human Rights». It is also mentioned that there is a need to include final decisions in the case (as the matter of fact), which have a decisive nature and contain a legal position in this case, into the scope of the category «case law of the European Court of Human Rights». Moreover, the article substantiates the necessity to include the decisions adopted by the European Court of Human Rights in full, i. e. not only the set forth legal positions, into the category of «case law of the European Court of Human Rights». Following the results of the study, the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine is defined as a set of decisions adopted by the European Court of Human Rights and the European Commission of Human Rights, which have entered into force and contain legal policies which either clarify or specify the provisions of the Convention as for the Protection of Human Rights and Fundamental Freedoms and relate to human and citizen’s rights and freedoms.

The article analyzes the condition for acceptability of individual applications to the European Court of Human Rights, which was introduced by The Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the substantial damage to which the applicant suffered as well as the circumstances that introduce the reservation of paragraphs B clause 3 of the Art. 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms and their qualification features.It has been found that the European Court of Human Rights, even assuming that the applicant did not suffer material damage cannot declare as inadmissible any individual claim that raises the question: the adoption of law, interpretation of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms, national right. It has been established that the respect for human rights, even if there is a presumption that the applicant did not suffer material damage, requires announcement as an admissible by the European Court of Human Rights such an individual application, since it has raised issues of a general nature regarding the observance of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms: 1) the necessity to clarify the obligations of the State under the Convention; 2) to compel the respondent State to resolve a structural problem affecting the interests of other persons in the same position as the applicant. The following conditions have been identified in the presence of which respect for human rights does not require consideration of the statement by the European Court of Human Rights: 1) the relevant national legislation and practice changed, and similar issues had already been resolved in other cases that the European Court of Human Rights reviewed; 2) the relevant law was canceled and the statement had only a historical character; 3) The European Court of Human Rights or the Council of Ministers have already considered this issue as a complex issue

Subject of the research. The article considers two levels in the mechanism of protection of human rights and freedoms: national and supranational. National includes both judicial and non-judicial methods of protection. The supranational level is represented by universal (global) and regional ways. The purpose of the research is to identify an effective mechanism for the protection of human rights that can replace the mechanism of protection provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has ceased to be valid for citizens of the Russian Federation. Research methods are the formal-legal method, analysis, synthesis, formallogical method.The main results. Theoretically, a particular citizen can use any of the national and supranational mechanisms for the protection of human rights. However, the nature of their action and the procedure for gaining access to these mechanisms are different, which affects their effectiveness and the readiness of a person to turn to one or another method of protection. Among supranational mechanisms, the Universal Declaration of Human Rights of 1948 has a unique status: on the one hand, this document is “a symbol of the moral consensus of all states, the starting point for the creation of a modern human rights regime”; on the other hand, it is an act-declaration, the application of which in specific legal relations and the protection of human rights with its help are problematic. The International Covenant on Civil and Political Rights of 12/16/1966 provides for the establishment of a Human Rights Committee that exercises control over the provisions of the Covenant through a system of reports. Reports on measures taken to implement the rights provided for by the Covenant, as well as on non-fulfillment of their obligations under the Covenant by other States Parties, are submitted by States Parties. The mechanism of reports, however, is not reliable enough - there are states that ignore it.Regional Conventions are rightly considered the most effective means of protecting human rights. The implementation of the provisions of the Conventions is ensured by the activities of supranational judicial bodies, to which the applicant can file a complaint. The conditions for applying to such a court, its territorial proximity, the possibility of executing court decisions make this method of protection as accessible as possible. Among the national remedies, first of all, it should be noted the activity of the Constitutional Court of the Russian Federation to protect the constitutional rights of citizens. The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Russian Federation in the section on human rights are almost identical, often written in the same phrases. But, despite the number of coincidences in the designation of human rights and freedoms, the main thing is not the designation (this is a declaration) of a specific right or freedom, but how they are applied and what is the practice of their protection (interpretation) by the Constitutional Court at the national level and the Convention on the supranational. It is here that the understanding of “identical” formulations can differ, and the question of who is better: a national or supranational body protects a particular human right, becomes debatable. It should also be remembered about the very meaning of supranational protection as an opportunity to receive protection from one's own state, albeit a subsidiary one. Therefore, it would be wrong to assume that in the absence of the possibility of applying to the ECHR, a citizen will be able to receive protection in the Constitutional Court without prejudice to the outcome of such protection.Considering that the protection of human rights is, first of all, the activity of national courts of first instance, consideration by the courts of administrative, civil and criminal cases, in cases where it is carried out in full compliance with the norms of procedural legislation, is able to fully ensure the protection of the rights and human freedoms. To do this, the courts have all the necessary tools, you just need the ability and desire to use them.Among the internal structures for monitoring the observance of human rights, a number of state and public bodies can be distinguished - the Commissioner for Human Rights in the Russian Federation, the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, the Public Chamber of the Russian Federation, the police, the prosecutor's office and others. However, it is not possible to attribute them to the effective bodies for the protection of human rights.Conclusions. The existing national and supranational mechanisms for the protection of human rights, in their effectiveness, are not able to fully compensate for the loss of the opportunity for citizens of the Russian Federation to file a complaint with the European Court of Human Rights.

The article is devoted to the protection of constitutional human rights in the context of European integration and social transformations in Ukraine. The concept of the protection of constitutional rights. The European Convention on Human Rights (ECHR), the European Court of Human Rights and the main projects of the Council of Europe are considered. The European experience of constitutional and legal protection of human rights and freedoms is multifaceted and is based on the long-term development of the system of international legal standards. The European Convention on Human Rights occupies a central place in this experience, which has created a unique system of protection of rights at the supranational level, providing individuals with the opportunity to apply to the European Court of Human Rights in case of violation of their rights. This judicial body not only administers justice, but also forms standards that affect the national legal system of each participating state. An important element is also the practice of implementing decisions. International legal acts, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights, are also an important element of the system of sources of constitutional and legal regulation and have priority over national legislation in case of conflicts. Laws adopted on the basis of constitutional norms detail and specify the mechanisms for the implementation of human rights and freedoms. In addition, decisions of the Constitutional Court of Ukraine and other judicial bodies form precedents that are of great importance in the practice of protecting rights and freedoms. This system of sources provides a comprehensive approach to the regulation of constitutional and legal relations in the field of protecting human rights and freedoms, forming an effective mechanism for their implementation and protection at all levels of the legal system. The purpose of the article is to analyze the current state of development of the protection of constitutional human rights in the context of European integration and social transformations in Ukraine.

1. Introduction 1.1 Introduce the Problem Right of protection from arbitrary interference with personal and family life is conserved with major multipurpose international law acts in effect at the relevant time in the area of human rights protection: Art. 12 of The Universal Declaration of Human Rights 1948, Art. 17 of The International Covenant on Civil and Political Rights 1966. This right is also protected at the level of regional international organizations, i.a. Council of Europe. The Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is one of key international acts created within the framework of Council of Europe (hereinafter referred to as--the European Convention on Human Rights, European Convention, the Convention). Art. 8 of the Convention (item 1) guarantees everyone the right to respect for private and family life, Everyone has the right to respect for his private and family life, his home and his (the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950). The European Convention established the unique mechanism of human rights and freedoms protection that foremost involves practice of European Court of Human Rights (hereinafter referred to as--ECtHR, the European Court, the Court). According to Overview data of 1959-2014, the European Court rendered 1085 judgments on complaints about violation of Art.8 of the European Convention by State Parties to the Convention from 1959 to 2014. Most violations of Art.8 of the Convention over the specified period (with regard to time necessary for state accession to the Convention) were established against Italy (145 decrees), Russia (131 decrees), Poland (103 decrees). Given this, ECtHR adopted 17754 regulations in total over the specified period, among them 14877 involved at least one infringement of the European Convention (European Court of Human Rights, 2015). The above states that protection of the right to respect for private and family life is significant on the part of Council of Europe member states' citizens and holds a prominent place in ECtHR practice. The research objective is to cover issues regarding opportunities and matters of protection of the right to respect for private and family life with the use of the European Convention monitoring mechanism. It should be mentioned the paper considers the practice of the European Court in the context of protection of private and family life with no regard to respect for home and correspondence that are also guaranteed under Art. 8 of the Convention. Meeting the objective defined statement and solution of the following tasks: to examine the notion of private and family life in the European court practice, to research European court's legal views concerning understanding of admissibility criteria of interference to the right to respect for private and family life, to study ecological rights protection in the context of Art. 8 of the Convention. In the course of paper preparation scientists' works dedicated both to universal mechanisms of international law protection of human rights and human rights protection under the European Convention in general as well as rights to respect for private and family life in particular were studied. Findings of the research develop and complement international and European law sections dedicated to human rights protection. They can be used in different kinds of legal practice, in academic activity when teaching various branches of jurisprudence. 1.2 Importance of the Problem Modern legal science pays much attention to human rights protection, but there are few complex researches devoted to protection of the right to respect for private and family life in European Court of Human Rights. Recently a research dedicated to the right to respect for private and family life and inviolability of home and correspondence has been undertaken (as exemplified by European Court of Human Rights practice) in Russian legal science (Gracheva, 2013). …