Observance of the Constitutional Rights and Freedoms of Man and Citizen During Surveillance

The relevance of the study, given the law enforcement practice of the courts of Ukraine and the case law of the European Court of Human Rights, based on the coverage of standard decisions, lies in identifying some errors in the pre-trial investigation. Further, the study disclosed the issues related to the observance of human and civil rights and freedoms during the surveillance. The purpose of the study is to identify the main reasons for recognising the evidence obtained during covert investigative action as inadmissible in the course of the trial. The methodological basis of the study is a comparative legal method based on the evaluation approach, a formal legal (dogmatic) method, analysis and synthesis. The study highlights individual papers in the context of the issue under consideration, which allowed disclosing the content of each of the areas and tracing their relationship. Based on the review of judicial practice and decisions of the European Court of Human Rights, the main reasons for declaring evidence inadmissible are presented and substantiated. In addition, individual court decisions on non-compliance with constitutional human rights and freedoms during such a covert investigative (search) action as surveillance are summarised and characterised. It was proved and argued that authorised bodies that have the right to authorise surveillance must comply with the norms of the European Convention on Human Rights. It is determined in which cases the court may recognise evidence obtained during surveillance as admissible. The ultima ratio principle, which guarantees the observance of constitutional human and civil rights and freedoms during pre-trial investigations, is highlighted separately. A personal opinion on each of the analysed decisions is formulated, considering national and international legislation. The practical value lies in the fact that the results of the study allow the prosecution to avoid mistakes during the collection of evidence in criminal proceedings.

In the recent period of Ukrainian history, scholars pay attention to the discussion of the relationship between Ukrainian constitutional law and the Convention for the Protection of Human Rights and Fundamental Freedoms and the place of rulings and decisions of the European Court of Human Rights in the legal system of Ukraine. The analysis of the provisions of the European Convention on Human Rights and current Ukrainian legislation is made in the article. It is made in order to determine the impact of this act of the Council of Europe on the constitutional law of Ukraine. It is noted that the Convention plays an important role in the process of protection of human rights and freedoms in Ukraine and has an impact on the implementation of the rule of law, which relate to individual’s constitutional status. It is noted that the European Convention significantly increases the level of the effectiveness of constitutional human rights legislation. The role of the European Convention for the Protection of Human Rights and the European Court of Human Rights in the formation and activity of the Constitutional Court of Ukraine has been determined. The thesis that within the ratio of the Convention and Ukrainian law, the supremacy of the latter within the national legal system does not eliminate the need to comply with international obligations is substantiated in the article. The grounds for restricting human and civil rights and freedoms in accordance with the requirements of the European Convention for the Protection of Human Rights and the constitutional legislation of Ukraine are considered in the article. In order to ensure national security, the restriction of human and civil rights and freedoms in a state of martial law and emergency is analyzed. By introducing martial law and a state of emergency, it is possible to concentrate temporarily all the levers of control over the individual’s status by coercive means within the framework of official power. The conclusion that the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights have had a significant impact on the formation and development of human and civil rights and freedoms as basic, value priorities of the constitutional law of Ukraine is substantiated in the article. Key words: constitutional law, sources of law, Council of Europe, Constitution of Ukraine, Constitutional Court of Ukraine, Convention for the Protection of Human Rights and Fundamental Freedoms, 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.

Human Rights as Natural Juridical Goods and the Juridical Domain of the Principles of Catholic Social Doctrine Petar Popović Introduction In recent years, research has flourished concerning the historical occurrences and particular contextual settings of the term "human rights" in the magisterial documents of the Catholic Church—along with its other, usually interchangeably used,1 equivalents such as "natural rights," "basic rights," or "fundamental rights."2 It is no exaggeration to say that [End Page 909] magisterial documents' consistent use of the term "human rights" or its equivalents is practically coextensive with the development of official teaching on various issues of Catholic social doctrine. In fact, the Compendium of the Social Doctrine of the Church dedicates an entire section of its chapter 3 ("The Human Person and Human Rights") to the concept of "human rights,"3 thereby indicating that this concept is an integral part of the Catholic social doctrine (CSD). However, the exact meaning of the concept of "human rights" is significantly less obvious than the historical consistency of its usage in CSD. Granted, the magisterial documents that mention "human rights" contain certain elements that, taken together, present at least a partial understanding of what is understood by this concept. Nonetheless, some authors regard these elements as insufficient for a clear doctrinal understanding of the concept, as well as for its precise connection with other essential principles of CSD. Roland Minnerath argues that the magisterial "rights" talk risks implying a subjectivist shift toward a consideration of the person as the focus of rights while disregarding the objectivist perspective of that which is, according to nature, due in justice to the person.4 In Russell Hittinger's opinion, the magisterial usage of rights language, especially when not accompanied by a reference to the metaphysical scheme of duties arising from the natural law, is vulnerable to confusion with the "thin accounts of the human good that are so typical of contemporary liberal thought,"5 where rights are envisioned as mere conceptual extensions of a "negative anthropology."6 Jean-Yves Calvez and Jacques Perrin, in their defense of [End Page 910] the magisterial teaching on human rights, construe a rather provocative, "straw-man" critique: from the premise that "man has rights, in himself, before even we consider his relationships with other free persons or with society," it follows that human rights in CSD might contain a foundational reference to individualism; now, "is not this simply a new edition of the … belief … of those who proclaimed rights of man in 1789?"7 In a trenchant critique of the concept of human rights in general, the French legal historian Michel Villey asserts that "the appearance of human rights bears witness to the decomposing process of the concept of right."8 In his opinion, the theoretical attempt to "measure a [juridical] relationship which includes plural terms by taking as the starting point only one of these terms, namely man (or his desires, his will or the individual's subjective understanding),"9 inevitably leads to a concept of right that promotes radical individualism.10 These and similar perplexities may be summed up in the following question: "Cannot the word 'rights' be used without endorsing a whole series of propositions that would be judged incompatible with the Christian tradition?"11 Most of the authors who express such perplexities are prepared to defend the thesis of the compatibility between the concept of human rights and CSD. The crucial question is: under what conditions? What are the exact elements that a doctrinal position on the concept of human rights [End Page 911] should possess in order to faithfully reflect other essential claims of CSD? Certainly, the Catholic Church considers the coherence between the concept of human rights and CSD to be one of the pillars of its social teaching.12 The social magisterium seems to employ the concept of human rights as if there is no room for potential perplexities regarding its usage. In the first part of this article we shall argue that the academic understanding of CSD's underlying conception of human or natural rights is in need of a more adequate and more explicit synthesis. Moreover, we are convinced that this synthesis must also be...

ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION

At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protection of human and civil rights. In accordance with the Article 55 of the Constitution of Ukraine the judicial protection of human and civil rights is maintained through the system of general jurisdiction courts of Ukraine. The state ensures the right of every person to appeal in court against any decisions, actions or inactivity of the state bodies, local self-government bodies and government officials that violate human and civil rights. In case of exhausting all remedies of his/her rights and liberties protection in national courts the person can appeal to the international courts, e.g. to the European Court of Human Rights. At present, Ukraine holds the third position in the number of its citizens’ appeals to this distinguished international legal institution. Every person is able to appeal to the extrajudicial institutions authorized to protect the constitutional human and civil rights and liberties. In Ukraine there is a special body for this purpose — the Ukrainian Parliament Commissioner for Human Rights, whose activities are determined by the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» of 23 December, 1997. In case when all extrajudicial remedies of human rights protection are exhausted, a person has the right, guaranteed by the Constitution of Ukraine, to appeal to the international human rights organizations (Art. 55). In terms of the current theory and practice of guaranteeing the constitutional human and civil rights, together with the national regulatory, organizational and legal guarantees, it is worth to distinguish the international guarantees of the constitutional human and civil rights and liberties in Ukraine. The special international legal guarantees of the human and civil rights and liberties are usually divided into regulatory and institutional ones. Key words: human and civil rights and liberties, constitutional state, national legal doctrine, international law, imitation of human rights, constitutional and legal mechanism for ensuring human rights and liberties.

This article examines the influence of the decisions of the European Court of Human Rights on the development of the civil procedural law of Ukraine and the practice of applying its norms by domestic courts. The concept and essence of the precedent nature of decisions (decisions) of the European Court of Human Rights, their place in the system of so-called "judicial sources" of civil procedural law are defined. The shortcomings of the Law of Ukraine "On the implementation of decisions and application of the practice of the European Court of Human Rights" are indicated, which recognizes the practice of the European Court of Human Rights as a source of law and the position of domestic courts regarding this deficiency.
 It is noted that the source of law according to the Law of Ukraine "On the Execution of Decisions and Application of the Practice of the European Court of Human Rights" is also the practice of the European Commission on Human Rights and its role in the procedure for considering complaints about violations of the Convention is determined.
 The directions of the influence of the practice of the European Court of Human Rights on civil proceedings are outlined, where it is concluded that a precedent can be formed on any procedural issue due to the dynamic interpretation by the specified court of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950 and its protocols . It is noted that the practice of the European Court of Human Rights generally constructs legal ideas regarding the principles of civil procedure and the right to a fair trial. On the example of a separate decision of the European Court of Human Rights, the law enforcement and regulatory influence on the results of consideration and resolution of a civil case and the development of the civil procedural law of Ukraine, respectively, are analyzed. The importance of the practice of the European Court of Human Rights for the civil justice of Ukraine is summarized. In particular, taking into account the precedent practice of the ECtHR during the consideration and resolution of civil cases will eliminate the factors that serve as the reason for the appeal to the Court and will introduce European standards of protection of human rights and freedoms into Ukrainian civil proceedings. As a result, the impact of the decisions of the ECtHR will reduce the need to appeal to an international judicial institution in search of just satisfaction, which will accelerate the protection of the rights and freedoms of the parties to a civil case within the framework of national judicial jurisdiction.

The scientific article examines the activities of the European Court of Human Rights and identifies the significance of the relevant case law of the European Court for the case law of Ukraine. It is noted, that one of the issues, studied within the topic, is the sources and legal framework, which is especially relevant in the adoption of the Law of Ukraine «On Enforcement of Decisions and Application of the Case Law of the European Court of Human Rights», according to which courts use the Agreement and case law as a legal source in cases. The activity of the European Court of Human Rights, the role and impact on the judicial system of Ukraine are analyzed, the relevant examples are given. It is concluded, that the implementation of international human rights law into Ukrainian law is a complex procedure that requires special doctrinal consideration, as today Ukrainian citizens are among the most active complainants to the European Court of Human Rights, which indicates a fairly high insecurity by national legal mechanisms. In order to increase the credibility of the judiciary, courts should take into account the European experience, decisions and observations of the Court in their work. The Court's case law is said to play an important role in the judicial reform process as it approaches the European legal framework for human rights standards in Europe. The current law cannot fully protect a person or build justice if it is not applied properly. Based on existing ECtHR rulings, judges can accurately understand the rule of law and apply it properly, which will help improve human rights, accurate understanding and implementation of the Agreement on Ukraine. Based on the study, it was concluded, that it is necessary and appropriate to implement the decisions of the European Court of Human Rights, as in this way it is possible to ensure the protection and defense of human and civil rights and freedoms

The urgency of the issue of human rights implementation is determined by its permanent nature. Human rights ensuring has become not only a moral imperative, but also a key indicator of the countries' development and their readiness to cooperate in the international arena. Human rights implementation is an important component of any democratic society. The level of freedom and justice within society depends on how efficiency human rights are implemented. The European Court of Human Rights activity, the practice of which is recognized as a source of national law, is of particular importance. The purpose of the study is to cover the practice of the European Court of Human Rights as a factor in improving the human rights provision in Ukraine. It is emphasized that the practice of the European Court of Human Rights is considered as having a precedent nature, although the system of decisions of the Strasbourg Court does not have formal features characteristic of "classical” precedent law. It is indicated that the European Court of Human Rights practice can influence national law in several ways: the use of legal provisions formulated by the European Court of Human Rights by national courts; interpretation by national public authorities of the norms of national legislation through legal provisions formulated by the European Court of Human Rights; amending national legislation in accordance with the practice of the European Court of Human Rights; development of the human rights doctrine. It is emphasized that the decisions of the Court are binding for all member states, parties to the Convention. Therefore, national judicial authorities are also obliged to apply the legal provisions set forth in the decisions of the European Court of Human Rights in cases where they concern the rights and freedoms guaranteed by the Convention on the Protection of Human Rights and Fundamental Freedoms. It is summarized that the European Court of Human Rights practice is a crucial factor in the development of domestic law, contributing to the improvement of the human rights implementation. The practice of the European Court of Human Rights influences the formation and development of national legislation. In the case that national legislation does not meet international standards, the decision of the European Court of Human Rights may encourage the state to amend its legal acts to meet convention standards.

The work is devoted to the concept of human rights and freedoms in the context of globalization. The concept of the human dimension of globalization, the factors influencing the content of human and peoples' rights and freedoms are analyzed. In particular, human rights standards in the field of modern information technologies have been determined. It is determined that the transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms. Summarizing different approaches, it is determined that the globalization of human rights is a process of influencing human rights of various factors and factors of international importance (political, social, economic, information, etc.) in individual countries; the interdependence of the social status of the individual from the life of peoples and humanity as a whole and vice versa; it is the universalization of positive world experience in the field of human rights, recognition and consolidation of the universal status of human rights and freedoms, their protection at the international level. It is analyzed that personal rights and freedoms are known to be inseparable from the security of man, society and the state. Under these conditions, the problem of finding a balance between the protection of privacy, including information privacy, and the need to protect information and national security becomes relevant. That is, in the conditions of the rule of law and the development of the information society, restrictions on the arbitrary treatment of human rights, in particular in the information sphere, should be legally defined. This problem has become significantly more relevant in the current context of digital transformation and the introduction of an emergency situation related to quarantine and restrictive measures, which has helped to identify a number of important issues that need urgent attention. The transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms.
 Digital rights include fundamental rights, such as freedom of expression, privacy, the right to information, the right to participate in public affairs, etc., and such as the right to be forgotten, the right to anonymity, or even the right to the Internet. .
 The modern scientific literature identifies and explores such new rights as the right to be forgotten, the right to anonymity, the right to personal data protection, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; the right to participate in the turnover of property in the digital sphere, etc. It is noted that the right to privacy, which is one of the main rights that embody human freedom in its negative sense, ie freedom from outside interference, is particularly vulnerable in the digital transformation era. The right to education is also actively developing in the digital age. A new right has been defined - the "right to digital death". Attention is paid to the group of digital rights, which are designed to ensure the implementation of constitutional principles in the democratic system of our state, so the category of "electronic democracy" is firmly in modern constitutional and legal usage. It is concluded that ensuring security in the information and communication environment is becoming a priority area of ​​scientific and technical activities, requiring significant attention and efforts from man, society, government agencies and legal science of the state.

The central value of constitutionalism is human rights, the process of their protection is one of the most important elements of the legitimization of state power. The article examines the practice of the Constitutional Court, the ECHR on the protection of human rights to private life. The features of the protection of the constitutional right to privacy are highlighted taking into account the fact that the process of constitutional protection of human rights is considered both from a formal point of view through the analysis of specific constitutional norms, and in the context of how real they are, how effective their protection is in everyday legal life.
 The article draws the following conclusions. The positions of the Constitutional Court also correspond with the established legal positions of the ECHR regarding the fact that guaranteeing obliges the state not only to proclaim, declare theoretical or illusory rights and freedom, but also to ensure the practicality and effectiveness of rights, the possibility of their implementation. Accordingly, the main objectives of the ECHR are to ensure and develop the ideals and values of a democratic society, to ensure real, practical, effective human rights, respectively, in this con- text of the constitution, the basic laws of European states should first of all express a balanced distribution of powers between the holders of power and their positive and negative responsibilities to ensure human rights.
 The ECHR still does not give a clear definition of «private life», deliberately avoiding attempts of this kind, only identifies certain aspects of the concept and prefers (as a rule) focusing on a specific issue. Similarly, the CCU notes the impossibility of defining absolutely all types of behavior of an individual in the spheres of personal life, since personal rights are part of natural human rights, which are not exhaustive.
 The article proves that, taking into account the Ukrainian constitutional doctrine, the legal positions of the Con- stitutional Court and the ECHR, firstly, it is advisable to interpret the content of constitutional human rights not through the letter of the law, but through its spirit; consideration of the process of constitutional protection of human rights in the context of reality, practicality and efficiency. Secondly, such an independent method of protection as the termination of an action that violates the right is not sufficient to protect the constitutional right to privacy, the principle of respect for privacy must necessarily include the need for adequate compensation in the event that such violation (interference) occurs arbitrarily or contrary to the law.

Activists in international courts: Backlash, funding, and strategy in international legal mobilization

It is indicated that in the realities that have formed in our country in recent years, compliance with the principle of the rule of law, in particular its element of proportionality, is gaining increasing relevance. Cases of restriction of human rights are increasingly encountered in social and legal relations, therefore, studying the role of the principle of proportionality in the restriction of constitutional rights and freedoms of man and citizen in Ukraine is currently an urgent necessity. In particular, questions arise regarding the legality and expediency of restrictions on human and citizen rights during martial law, when the interests of the state have a higher priority than the interests of an individual. Therefore, the problem of improving the legislative regulation of the principle of proportionality is important, which will allow for effective protection of human rights and maintaining a balance between individual rights and public interests, in particular in emergency situations. The article analyzes proportionality as an important element of the principle of the rule of law in the context of constitutional law. The focus is on the indispensability of this principle in the sphere of restriction of human rights in Ukraine in modern conditions. Separately, the historical development of the principle of proportionality, the concepts associated with it, its consolidation in international practice, in particular in the decisions of the European Court of Human Rights, as well as its use in Ukrainian judicial practice, in particular in conditions of martial law, are considered. The relevance of the principle of proportionality when restricting human rights and freedoms in crisis situations, such as quarantine or martial law, is emphasized, and the need for a clear consolidation of this principle in national legislation is emphasized. The author concludes that the principle of proportionality is not only a legal instrument for ensuring legality and justice when restricting human rights, but also an important element for preserving democracy, the rule of law and fundamental rights and freedoms in independent sovereign Ukraine. It is it that ensures full and comprehensive observance of human and citizen rights and freedoms, in particular during special legal regimes, such as martial law. It also determines that restrictions must be minimal and not exceed what is necessary to achieve a specific goal.

The article is dedicated to a comprehensive analysis of the legal nature of the human right to a fair trial, the study of mechanisms for its normative and legal enforcement, and the effectiveness of its implementation through the lens of the case law of the European Court of Human Rights. Particular attention is paid to the systematic interpretation of this right in the context of international human rights standards and its correlation with the national legal systems of the states – parties to the European Convention on Human Rights and Fundamental Freedoms. The article conducts a doctrinal study of the right to a fair trial, defines its place in the hierarchy of fundamental human rights, and substantiates its absolute nature in the context of the modern concept of human rights. This right is one of the key elements of the rule of law, guaranteeing access to effective judicial protection and ensuring a balance between public and private interests in a legal state. Significant attention is given to analyzing the role of the judiciary as the primary guarantor of the realization of this right, while judicial protection is considered not only as an instrument for restoring violated rights but also as a structural element of the justice mechanism, which determines the democratic principles of the functioning of the state apparatus. The judicial system is obliged to ensure compliance with a set of procedural guarantees that prevent arbitrary restrictions on a person’s rights to access justice and to have their case reviewed objectively. The study identifies the main structural components of the right to a fair trial, including:the right to have a case heard by an independent, impartial, and competent court; the right to equality of arms and adversarial proceedings; the right to legal certainty in judicial decision-making; the right to the openness and publicity of the judicial process; the right to have a case considered within a reasonable time, as an essential element of effective justice. It is noted that access to justice is a prerequisite for the realization of the right to a fair trial. Access to justice is proposed to be understood as a real opportunity, guaranteed by the state and ensured by effective legal mechanisms, for a person to appeal to the court to protect their rights, freedoms, or legitimate interests. It is argued that the primary task of the European Court of Human Rights in every case is to assess the overall fairness of the proceedings. Compliance with the requirements of a fair trial should be considered in each case, taking into account the development of the entire proceedings, rather than based on the isolated examination of one specific aspect or a particular instance. The article also examines the issue of contradictions between national judicial systems and the standards of the European Court of Human Rights, which sometimes necessitate the revision of legal norms at the level of domestic legislation. The case law of the European Court of Human Rights demonstrates that a number of states face difficulties in implementing the Court’s decisions, which negatively affects public trust in the judiciary. It is important to emphasize that the institutional capacity of national judicial systems must correspond to European standards of justice, ensuring that citizens have a real opportunity for effective protection of their rights. Failure to meet such standards can lead to systemic problems in the field of justice and an increased number of appeals to the European Court of Human Rights. In the context of international law, the need for harmonization of national legislation with the requirements of the Convention is emphasized, which would contribute to increasing the effectiveness of the realization of the right to a fair trial. This issue is particularly relevant for countries undergoing judicial system reforms and striving to strengthen its independence. The conclusions of the article emphasize that the human rights protection role of the European Court of Human Rights is a key factor in ensuring legal certainty in judicial practice. The enforcement of its decisions is mandatory for the member states of the Convention, and their disregard may have negative consequences for a country’s international legal reputation. Keywords: effectiveness, legal mechanisms, European court of human rights, fair trial, justice, judicial practice, convention, human rights, access to justice, judiciary, judicial independence, impartiality, equality of arms, adversarial proceedings, legal certainty.

The article is devoted to the issues of reproductive human rights in the decisions of the European Court of Human Rights and their impact on the practice of law enforcement and constitutional-legal doctrine in Ukraine. It emphasizes that personal reproductive rights are an important element of the system of fundamental human rights. Judicial practice, including the practice of the European Court of Human Rights, has a significant impact on the regulation and implementation of reproductive rights. A priority area for the development of Ukrainian legislation is the study of the possibilities of using judicial practice in the fiel of protection and safeguarding reproductive rights. A key issue in this regard is the scope of the regulating influence of precedential rulings concerning reproductive rights, as reflected in the decisions of the European Court of Human Rights. It is noted that referring to this practice is becoming a common legal practice among participants in judicial and administrative procedures. At the same time, a problem arises in applying judicial practice to relationships that are not independently regulated by law in Ukraine due to the absence of a separate legal act governing assisted reproductive technologies. It is emphasized that such a national legal act should adhere to the principles outlined in the precedential decisions of the European Court of Human Rights related to reproductive rights. The current law enforcement practice of the European Court of Human Rights demonstrates its use of a well-developed methodology for interpretation based on the consensus (legal harmonization) method, i.e., combining the interpretation of international acts and agreements with the practice of member states’ national legal systems. At the same time, the analysis of constitutional interpretations reflected in national legal systems is also important. At the level of constitutional-legal doctrine, it becomes important to form theoretical approaches to understanding the interpretative mechanisms for applying the precedent law of the European Court of Human Rights, specifically in the area of reproductive rights.