INTERPRETATION OF LEGAL NORMS ACCORDING TO THE ESTABLISHED PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

Abstract. The purpose of the scientific article is to reveal the question of the interpretation of legal norms in accordance with the established practice of the ECtHR and to find out the ratio of normativeness and rhetoric of arguments that the Supreme Court borrows from the practice of the ECtHR and endows with signs of its own legal position or an element of the motivation of the decision. It was emphasized that one of the problems of the interpretation activity of the ECHR is different ways of its application. Since the Convention can be applied in the judicial practice of Ukraine, the Ukrainian judicial authorities also have the right to interpret it. There is a possible conflict between the interpretation of the Ukrainian courts and the interpretation of the ECtHR. In case of conflicts of interpretations, the interpretation of the ECHR should be considered a priority.