Interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the light of modern concepts of legal understanding

Abstract

Listen

Translate article

The article presents the results of theoretical and practical research of the interpretation of the European Convention for the Protectionof Human Rights and Fundamental Freedoms in the light of modern concepts of legal understanding.On July 17, 1997, Verkhovna Rada of Ukraine ratified the European Convention for the Protection of Human Rights and FundamentalFreedoms of 1950 (hereinafter – the Convention), which was the initial stage in the formation and development of Ukrainianlaw and legal science in general. From that moment, a new stage began – the introduction of legal practice and legal values of Europeinto Ukrainian law.The Convention for the Protection of Human Rights and Fundamental Freedoms, as a complex mechanism has a direct effectwithin the jurisdiction of the Ukrainian court system, the principles of interpretation of the Convention applied by the European Courtof Human Rights are valuable and special for judges in Ukraine. One of the main methods of interpreting the Convention is the principleof judicial precedent. Judicial case law is an important part of the legal system of common law states, and the increase in the boundariesof judicial precedent has been observed in Western Europe over the past century. The case law of the European Court of Human Rightsis an additional factor for the official recognition of judicial precedent as a source of law in the protection of human rights, which willhelp strengthen the independence of the judiciary in Ukraine.
 Nowadays, the use of the Convention for the Protection of Human Rights and Fundamental Freedoms in Ukraine makes it possibleto replace the prevailing positivist views on law, apply the latest principles of interpretation of human and civil rights, and developthe constitutional jurisprudence of fundamental human rights.The Convention opens a new horizon of tasks in the development of democracy in Ukraine, with the basic principles of whichvarious legal acts of the country must be monitored for compliance with fundamental human rights and freedoms.Through the interpretation and use of the Convention, our state has begun a rapid process of moving away from the positivistunderstanding of law, which has resulted in the emergence of the necessary for the further development of pluralism of legal understandingof law.