Abstract
The Research shows that an essential but complicated question rises when it comes to the implementation of European Court of Human Rights (ECHR) practice in Ukrainian courts. Problems that hinder national courts’ effective operation while implementing legal principles of the European court indicate that the Supreme Court of Ukraine must elaborate conceptual approaches and methods to ensure European standards in Ukrainian courts. Also to develop recommendations on an adequate and equal application of the Convention norms and Euro-pean Court of Human Rights practice when administering justice.
Highlights
Established a list of citizens’ rights and freedoms, as it was done in General Declaration of Human Rights, and created special institutions authorized to carry out the observation of its regulations, legal and quasilegal control and to consider actions of the individuals v. the states[2]
Fitzmaurice wrote, “European Convention of human rights protection was the Convention of a new type, never known before; it stipulated for the state members the obligations never taken by the governments before”[3]
Interpretations and implementations analysis and investigations of the European Conventional standards of human rights and fundamental freedoms protection in the Ukrainian national legal practice is of supreme interest, especially, in the context of existing problems and possible ways of their solution
Summary
The adoption of the Convention of Human Rights and fundamental freedoms protection on November 4th, 19501 became a revolutionary event in international law – the Convention. Having acceded to the Convention of Human Rights and fundamental freedoms protection in 1950, the state of Ukraine recognized the European Court of human rights jurisdiction in questions of the Convention and its Protocols interpretation by coordinating national legislation in accordance with European standards. Ukraine recognizes Article 46 of the 1950 Convention of human rights and fundamental freedoms protection as obligatory, Ukraine acknowledges the European Court of Human Rights jurisdiction in all the questions, concerning the Convention interpretation and application[8]. It is worth mentioning that the majority of the Ukrainian Constitution principles are based on the Convention of human rights and fundamental freedoms protection principles The problem in this case lies in the task of the Constitutional Court of Ukraine, stipulated by legislation, must not be substituted by mere coordination of two courts’ practice. These decisions determined the violation of article 1, First protocol to
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
