The european court of human rights practice influence on the national system of Ukraine

Abstract

Ukraine has recognized the jurisdiction of the European Court of Human Rights by acceding to the Convention for the Protection of Human Rights and Fundamental Freedoms. The implementation of Western concepts of the rule of law, human dignity and human rights stipulates study of the European Court of Human Rights practice, which, in accordance with national law, is the source of Ukrainian law. It is emphasized that the enshrinement of the rule of law principle in a number of laws was accompanied by a normative provision on the necessity to understand the content of this principle through the European Court of Human Rights practice.
 The purpose of the study is to elucidate the general provisions characterizing the impact of the European Court of Human Rightsice practice on the national system of Ukraine.
 It is substantiated that the European Court of Human Rights ensures the relevance of the Convention for the Protection of Human Rights and Fundamental Freedoms provisions, compliance of its rules with modernity, ensuring the general spirit of the Convention for the Protection of Human Rights and Fundamental Freedoms which is designed to uphold and ensure the values of a democratic society.
 It is noted that in interpreting the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human Rights is a kind of subject of legal doctrines making in the field of human rights affecting the legal systems of the states parties to this Convention.
 Some decisions of the European Court of Human Rights in cases against Ukraine, which played a significant role in changing the national legal system, are analyzed, in particular,the decisions in the cases Koretsky and Others v. Ukraine, Natalia Mykhaylenko v. Ukraine, and Volokhy v. Ukraine.
 The following legal provisions as the separation of law and the law are mentioned, giving priority to law over the law in case of contradiction between them; understanding the content of the rule of law, the importance of legal certainty and reasoning of the decision to restrict human rights, legal equality of people, and giving real access to a fair trial to a person, etc.
 It is concluded that when considering the applicants' complaints about Ukraine's non-fulfillment of its obligations in the field of human rights, the European Court of Human Rights forms legal provisions that become an integral part of the domestic legal system, in some cases they (the decisions) are the factor in changing legislation, and influence the legal doctrine transformation.