Abstract
Ukraine became a member of the Council of Europe in 1995. Later on, on July 17, 1997 the Verkhovna Rada of Ukraine ratified the European Convention of Human Rights and Fundamental Freedoms (ECHR) and the First Protocol and protocols number 2, 4, 7, and 11 of the Convention in accordance with the relevant Act, which opened the way for Ukrainians to the European Court of Human Rights and to its enforcement practice. The most relevant contribution of ECHR is the inclusion into it of a provision which previewed a special possibility for the High Contracting Party to issue consent to the European Court of Human Rights (ECtHR) for monitoring cases where the initiator of the trial is an individual or legal entity, not a state. The Law of Ukraine “On the enforcement and the application of the case-law of the European Court of Human Rights” came into force in February 2006 and regulates relations arising from the duty of the state to implement the decisions of the ECtHR on cases in respect of Ukraine. This article notes that Ukraine is among the top five countries against the highest number of complaints is filed by legal entities and natural persons to the European Court on the grounds of the violation of human rights. The main purpose of this contribution is the following: to determine the main problems of the implementation of the ECtHR practice in Ukraine. The problem is that, despite the introduction in the law enforcement procedures of the law of the ECtHR judgments, “On the enforcement and the application of the case-law of the European Court of Human Rights”, Ukraine has not taken any real steps to improve legislation with regard to the ECHR due to a number of objective and subjective reasons. The tasks of the article are the following: to define a place of legislative and judicial bodies in the process of implementation EСtHR’s practice; to detect the ways of correction of the defects of the national legislation and improving the practice of Ukrainian courts at all levels. The research methods used in the article include the analysis of literary sources, including theoretical literature and research materials related to the subject of the paper, cases of the European Court of Human Rights, comparative analysis of judicial practice in Ukraine and Member States, statistical analysis. The right of individual complaint, an extraordinary need for the European Court of Human Rights and the volume of work led to his enormous overload, and today no one doubts that the future European system of protection of the rights laid down in the system itself, in its elements. In particular that the European control is based on the principles of subsidiary for national legal systems, also in the : the ability of national systems to interact with the European Court, willingness to accept the precedents of this Court; willingness to perform basic and effective filter for it. So in consideration of the importance of correct application of rules of the ECHR, and case-law of the ECtHR, and having regard to the analysis of application of these rules, we made the conclusions ( results of the article ) regarding the need for the legislator to take into account “pilot judgments” of the ECtHR, to make necessary amendments to the law “On the enforcement and the application of the case-law of the European Court of Human Rights” and determine the place of the practice of the ECtHR among other sources of the law in Ukraine. DOI: http://dx.doi.org/10.5755/j01.eis.0.6.1585
Highlights
Jurisprudence of the European Court of Human Rights is an objective criterion for evaluating the legal system of each State - Party to the Convention on Human Rights and Fundamental Freedoms
It is a unique tool in the implementation of national legislation, judicial and administrative practice of international human rights standards
Despite the evident progress on the use of Ukrainian courts of the Convention and case-law of the European Court, the level and quality of the application is insufficient. Many studies on this topic show that often authors try to determine what role the case-law of the ECtHR has within the national legal system; the question has no single answer (Evintov (1998), Shevchuk (2006), Antoine Buyse (2011)
Summary
Ukraine became a member of the Council of Europe in 1995. Later on, on July 17, 1997 the Verkhovna Rada of Ukraine (the Ukranian Parliament) ratified the European Convention of Human Rights and Fundamental Freedoms (ECHR) and the First Protocol and protocols number 2, 4, 7, and 11 of the Convention in accordance with the relevant Act, which opened the way for Ukrainians to the European Court of Human Rights and to its enforcement practice. The problem is that, despite the introduction in the law enforcement procedures of the law of the ECtHR judgments, “On the enforcement and the application of the case-law of the European Court of Human Rights”, Ukraine has not taken any real steps to improve legislation with regard to the ECHR due to a number of objective and subjective reasons. Taking into consideration the importance of correct application of the rules of the ECHR, and case-law of the ECtHR, having regard to the analysis of application of these rules, we make conclusions (conclusions of the article) with regard to the need of legislators to take into account “pilot judgments” of the ECtHR, to make necessary amendments to the law “On the enforcement and the application of the case-law of the European Court of Human Rights” and to determine the place of the practice of the ECtHR among other sources of the law of Ukraine
Sign-in/Register to view highlights & summary 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 callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
