Human Rights Principles Interpretation in the Context of the ECHR

Abstract

European system of human rights protection, with the European Convention of human rights and fundamental freedoms protection from 1950 as its basis, is the most effective among existing regional systems of human rights protection. Effective protection of individual civil and political rights according to the UCHR (european convention of human rights) in the countries of Central-Eastern, South-Eastern Europe and the former USSR is impossible without clear comprehension of the Convention interpretation principles, which will allow to take into consideration new social-economic and political conditions. The instances of the interpretation principles use in the EctHR cases, versus Ukraine in particular, give chance to display potential possibilities to widen the Convention of human rights protection application spheres and to perfect national legislation and legal-realization practice. The investigation and study of the principles for the interpretation of the Convention about the Protection of Human Rights and Fundamental Freedoms are important in terms of improving the efficiency and effectiveness of the interpretation activities both the European Court of Human Rights and national authorities applying the Convention, where predominantly techno-dogmatic methods of interpretation are spread and there are no sufficient skills to use precedents in law enforcement practice, judicial, in particular. Comprehension and clarifying the principles of interpretation of the Convention provisions and their practical application to the decisions of the ECtHR allow not only to solve the problems of legal proceedings, but rather the problems of social regulation. political, economic. Interpretative principles are an important basis for ensuring the proper implementation of the right to a fair trial at the national level.