The influence of precedent practice of the European Court of Human Rights on the civil justice of Ukraine

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.

1. Introduction 1.1 Introduce the Problem Right of protection from arbitrary interference with personal and family life is conserved with major multipurpose international law acts in effect at the relevant time in the area of human rights protection: Art. 12 of The Universal Declaration of Human Rights 1948, Art. 17 of The International Covenant on Civil and Political Rights 1966. This right is also protected at the level of regional international organizations, i.a. Council of Europe. The Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is one of key international acts created within the framework of Council of Europe (hereinafter referred to as--the European Convention on Human Rights, European Convention, the Convention). Art. 8 of the Convention (item 1) guarantees everyone the right to respect for private and family life, Everyone has the right to respect for his private and family life, his home and his (the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950). The European Convention established the unique mechanism of human rights and freedoms protection that foremost involves practice of European Court of Human Rights (hereinafter referred to as--ECtHR, the European Court, the Court). According to Overview data of 1959-2014, the European Court rendered 1085 judgments on complaints about violation of Art.8 of the European Convention by State Parties to the Convention from 1959 to 2014. Most violations of Art.8 of the Convention over the specified period (with regard to time necessary for state accession to the Convention) were established against Italy (145 decrees), Russia (131 decrees), Poland (103 decrees). Given this, ECtHR adopted 17754 regulations in total over the specified period, among them 14877 involved at least one infringement of the European Convention (European Court of Human Rights, 2015). The above states that protection of the right to respect for private and family life is significant on the part of Council of Europe member states' citizens and holds a prominent place in ECtHR practice. The research objective is to cover issues regarding opportunities and matters of protection of the right to respect for private and family life with the use of the European Convention monitoring mechanism. It should be mentioned the paper considers the practice of the European Court in the context of protection of private and family life with no regard to respect for home and correspondence that are also guaranteed under Art. 8 of the Convention. Meeting the objective defined statement and solution of the following tasks: to examine the notion of private and family life in the European court practice, to research European court's legal views concerning understanding of admissibility criteria of interference to the right to respect for private and family life, to study ecological rights protection in the context of Art. 8 of the Convention. In the course of paper preparation scientists' works dedicated both to universal mechanisms of international law protection of human rights and human rights protection under the European Convention in general as well as rights to respect for private and family life in particular were studied. Findings of the research develop and complement international and European law sections dedicated to human rights protection. They can be used in different kinds of legal practice, in academic activity when teaching various branches of jurisprudence. 1.2 Importance of the Problem Modern legal science pays much attention to human rights protection, but there are few complex researches devoted to protection of the right to respect for private and family life in European Court of Human Rights. Recently a research dedicated to the right to respect for private and family life and inviolability of home and correspondence has been undertaken (as exemplified by European Court of Human Rights practice) in Russian legal science (Gracheva, 2013). …

blic interest. – Article. The article highlights the practice of the European Court of Human Rights in protecting private and public interest in taxation. It is established that the law enforcement activity in taxation is a precondition for the realization of private and public interest, and this form of realization of the norms of tax law is characterized by the dualism of tasks and goals: satisfaction of needs and interests of persons whose rights and obligations are realized, as well as satisfaction of needs and interests of the society as a whole. The key decisions in the practice of tax disputes of recent years have been analyzed, which testifies to the dynamics of the ratio of private and public interest in taxation and search for the optimal variant of legal support of their implementation. The positions of the European Court of Human Rights relate to: the presumption of lawfulness of the taxpayer's actions in the presence of contradictory regulatory acts; provisions on the integrity of the taxpayer (the taxpayer should not be liable for violations committed by its counterparties); the need to take into account the mandatory presence of guilt in the case of fines, if they are exclusively punitive and deterrent in nature, comply with criminal prosecution in the sense of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms; the principles of proportionality and proportionality; the need to take into account the fact that the taxpayer is not liable for violations committed by its counterparties. It has been determined that in making decisions the European Court of Human Rights is guided by the principle of a fair balance between the private and public (general, public) interest, taking into account that the sphere of taxation is the prerogative of the state's domestic policy. Deprivation of property, interference in the use of property, control over the use of property by the state must be justified by the corresponding public purpose in carrying out control measures and must meet a fair balance between the requirements of the public interest and the requirements of protection of fundamental human rights. It is summarized that the domestic judicial practice in general develops in accordance with the principles of the European Court of Human Rights, which is an international body for the protection of rights and legitimate interests of subjects of legal relations, including in the field of taxation, operates in accordance with the principles defined by the Convention for the Protection of Human Rights and Fundamental Freedoms, taking them as a basis to resolve tax disputes in essence, creating legal precedents that are binding on both the states and taxpayers of these states. However, it is in no way allowed to use the positions of the t European Court of Human Rights, which do not correspond to the actual circumstances of the case.

The objective of the study was to analyzethe practices of the European Court of Human Rights to resolve disputes related to violations of Human Rights and freedoms and the protection of national security. The chosen topic was extensively studied through empirical and theoretical research methods, as well as comparative analysis. The work of the European Court of Human Rights in the field of the protection of Human Rights and freedoms in terms of national security is related to the resolution of disputes regarding: restrictions on privacy, access to justice, freedom of expression and freedom of peaceful assembly to protect one's interests. The relative provisions of the national legal framework and the Convention for the Protection of Human Rights and Fundamental Freedoms largely determine the roleof the European Court of Human Rights in resolving disputes related to the respect of Human Rights and freedoms, as well as the protection of the rights to national security. The jurisprudence of the European Court of Human Rights indicates the current state of the application of legal resources at the international and national levels to guarantee national security, through the application of sanctions and the imposition of restrictions on Human Rights and freedoms.

The article is devoted to the issue of protection of rights in the field of social security by the European Court of Human Rights. The evolution of the spread of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms to the category of social rights in the practice of the Court has been considered. The positions of domestic experts regarding the protection of the rights of the ECHR in the field of social security have been analyzed. The provisions of the Convention under which social rights are protected have been highlighted. The procedure defined by the ECHR for analyzing whether a property right has been interfered with in breach of the Convention has been represented. The main provisions of the decision in the case «Stec and others v. the United Kingdom» have been reflected in the context of the broad protection of rights in the field of social security. Attention has been focused on the doctrine of legitimate expectations of property protection in accordance with the guarantees provided by Article 1 of Protocol No. 1 to the Convention in the context of the protection of rights in the field of social security. The decision in the case «Belane Nagy v. Hungary» regarding the definition of legitimate expectations in matters of protection of rights in the field of social security has been analyzed. Relevant conclusions have been drawn regarding the ECHR’s protection of rights in the field of social security, in particular, regarding the broad protection of the corresponding category of rights, as well as the application of the «legitimate expectations» category of property protection in accordance with the guarantees provided for in Article 1 of Protocol No. 1 to the Convention. Key words: European Court of Human Rights, social security, social protection, social rights, protection of rights, pension, social insurance, legitimate expectations.

The article deals with the requirements of the European Court of Human Rights regarding evidence and evidence, which are disclosed in the provision of paragraph 3 of Article 6 “The right to a fair trial” of the Convention for the Protection of Human Rights and Fundamental Freedoms, the latest practice of the Supreme Court regarding the criteria for admissibility of evidence and analysis of the current criminal procedural law. As you know, the attitude of the state towards the protection of human rights and freedoms is one of the indicators of its democracy. Ukraine has chosen the European Community as the main strategic vector of development. Such a vector provides for the unification of the regulatory framework in accordance with European legislation, as well as compliance by law enforcement agencies with international standards for the protection of the rights and freedoms of citizens. That is why, the corresponding rule is enshrined in the Criminal Procedure Code of Ukraine, providing that the rule of law in criminal proceedings is applied taking into account the practice of the European Court of Human Rights (part 2 of article 8). A detailed analysis of the provisions of the Criminal Procedure Code of Ukraine regarding the admissibility of evidence in criminal proceedings and the relationship of these norms with the legal positions of the European Court of Human Rights is carried out. They also examined the requirements of the European Court of Human Rights regarding the admissibility of evidence in decisions in which a violation by the state of the norms of the Convention was found, and in decisions in which such a violation was not found. So, summarizing and analyzing the practice of the ECHR, we saw that the Court emphasizes that a guilty verdict cannot be generally based only on inadmissible evidence, and if such a sentence is pronounced, then this is a violation of Article 1 6 of the Convention in respect of an unfair trial. Therefore, the investigator, prosecutor, investigating judge and judge should take into account the relevant practice of the ECHR and the norms of the Convention in their procedural activities in order to avoid these violations and to submit complaints to the European Court of Human Rights in the future.

The subjectof the article is the application of the concept of the range of permissible restrictions on rights and freedoms that not enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms in the practice of the European Court of Human Rights.The purposeof the research is to identify the basic position of the Court on the question of determining the degree of proportionate balance between public and private interests in establishing restrictions on the rights and freedoms of a person in the sphere of business activity.The methodology. In the process of the research, both general scientific and special methods of knowing socio-legal phenomena (formal legal method, circular causality method) were used. The multivariance of achieving common standards for assessing the range of permissible restrictions on the freedom to conduct a business is determined by analyzing the balanced influence of internal and external factors, the interaction of many dichotomies and adichotomies.Results, scope of application. The provisions of the Convention define the range of rights and freedoms protected. However, the Court in its practice broadly interprets the list of rights and freedoms protected by the Convention. The Court considers the Convention as a "living instrument" in order to adapt it to changing conditions of public life. The Court’s current practice does not imply that the Court has exceeded its powers. The court implements the idea of circular causality of legal phenomena, perceived including in European space. European tradition recognizes the possibility of changing the legal space in different ways. The main way of transforming the legal system is to change quantitative parameters. It is possible to accumulate the qualities of practical implementation of the principles enshrined in the Convention by ensuring the realization of human rights and fundamental freedoms. Investigators of the Court's practice mainly analyse the characteristics of the protection of human rights and freedoms explicitly mentioned in the Convention. The complexity of the study of the Court's practice for the protection of unrecognized human rights and freedoms stems from its heterogeneity. However, an analysis of the practice of protecting such rights and freedoms reveals the internal mechanisms of the Court to ensure the equilibrium of legal space. The article defines the basic position of the Court on the question of determining the degree of proportionate balance between public and private interests in establishing restrictions on the rights and freedoms of a person and a citizen not expressly enshrined in the Convention. The realization of economic rights and freedoms requires the greatest flexibility of the mechanism for the protection of rights and freedoms. Intensive economic development requires a rapid change in the legal space. The interpretation of human rights and freedoms has an impact on the level of protection of the economic rights and freedoms. The text of the Convention has been modified without adopting its new edition.Conclusions.Law enforcers are particularly interested in analyzing the Court's practice in cases related indirectly to the protection of freedom to conduct a business. The Court determines the main vectors of interpretation of the freedom to conduct a business. Law enforcers can use the Court's approach in interpreting the provisions of the Convention without risking being accused of human rights and freedoms violations. The generalizations make it possible to establish the ideological and substantive component of the basic axiological imperative of the Court in the protection of the economic rights and freedoms through the protection of the right to property. It was concluded that the Court's decisions justified the need to protect the freedom to conduct a business by its inherent connection with the right to property, as well as the universality of the criteria for determining the legality of restricting the rights and freedoms.

In the article, the author highlights the issue of implementing the decisions of the European Court of Human Rights into the national legal system. It is outlined that the issue of approximation of national legislation, including court decisions, was outlined back in 1991, when Ukraine received the status of an independent state and took the European integration path of the country’s legal development. Since 1998, Ukraine has ratified a number of European conventions, among which it is worth noting: the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention on Human Rights. As an impetus for the approximation of European Union law and the implementation of the decisions of the European Court of Human Rights, the Verkhovna Rada of Ukraine in 2006 adopted the Law of Ukraine «On the Execution of Decisions and Application of the Practice of the European Court of Human Rights». And, although the Romano-Germanic legal system does not provide for case law, at the same time elements of case law are traced in Ukrainian legislation. The author emphasizes in the article that the European Court of Human Rights calls its own practice precedent. In turn, judicial precedent is that the European Court, when resolving a particular case, tends to generally follow the approaches that it used earlier. At the same time, legal practice has shown significant difficulties not only with the correct understanding, but also with the application of both international documents and decisions of the European Court of Human Rights. The application of thе European Court of Human Rights practice should contribute to the formation of unity of judicial practice in the protection of human rights, freedoms and interests. The author also gives his own commentary on the theses put forward by legal scholars on the issue of implementing the decisions of the European Court of Human Rights into Ukrainian legislation and the procedures for approximating European legislation to national legislation. In his study, the author reveals the issue of stagnation in the national legal system not only in resolving individual cases by analogy, but also in fully applying case law. The author also believes that a reasonable consensus is needed between the Constitutional Court of Ukraine and other bodies in the state.

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.

The study is aimed at a comparative analysis of the practice of implementing decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, determining their legal nature, implementation mechanisms, and the development of recommendations for improving this process. The author analyzes the legal nature and implementation mechanisms of decisions of both courts, identifying common and distinctive features. Key aspects of the decisions of the Constitutional Court of Ukraine are revealed, which determine their binding nature and significance for shaping judicial practice and constitutional order, contributing to the improvement of mechanisms for protecting human rights and ensuring the stability and effectiveness of the legal system. The author identifies the direct effect of decisions of the Constitutional Court of Ukraine in accordance with the Constitution of Ukraine, which ensures their implementation without additional formalities. Emphasis is placed on the need to create appropriate mechanisms to ensure the implementation of judicial decisions and access to them for all interested parties. The article examines the positive obligation of the state to ensure the implementation of judicial decisions and the necessity of introducing effective mechanisms for this. The author argues that restricting access of individuals to the system of implementation of judicial decisions and imposing additional conditions or obstacles is unacceptable. It is noted that the implementation of decisions of the Constitutional Court of Ukraine is crucial for legal stability, protection of rights and freedoms of citizens, and trust in the judicial system. The essence and binding nature of decisions of the European Court of Human Rights for member countries are highlighted in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the implementation of these decisions is not only an international legal obligation of the state but also a part of the national legal order, guaranteeing effective protection of the rights of citizens and maintaining trust in the judicial system. Mechanisms for monitoring the implementation of decisions of the Constitutional Court of Ukraine and the European Court of Human Rights are disclosed, which contribute to identifying shortcomings in legal practice and legislation. The author points out the need to create effective mechanisms to ensure the implementation of judicial decisions and access to them for all interested parties, which is an important aspect of ensuring the rule of law and legal stability in Ukraine.

У статті розглядається значення рішень Європейського суду з прав людини у механізмі запобігання домашньому насильству. Вказується, що національне кримінальне процесуальне законодавство не було адаптовано та приведено у відповідність міжнародним правовим документам, а також позиції Європейського суду з прав людини. Зазначається, що не дивлячись на те, що в ст. 17 Закону України «Про виконання рішень та застосування практики Європейського суду з прав людини», визначено, що суди застосовують при розгляді справ Конвенцію та практику Суду як джерело права, національне законодавство не надає визначення поняттю «практика Європейського суду з прав людини», що призводить до формування різних доктринальних та практичних позицій з цього питання. Зазначене надає можливість ігнорувати окремі рішення Суду як у межах судового розгляду, так і під час законотворчої роботи. Це має наслідком різне тлумачення правових норм, а отже – прогалини у механізмі правозастосування, що дестабілізує процес правового забезпечення системи запобігання кримінальним правопорушенням. Прикладом є віднесення домашнього насильства до категорії кримінальних правопорушень, кримінальне провадження щодо яких здійснюється у формі приватного обвинувачення. Підсумовується, що рішення Європейського суду з прав людини в межах спеціально-кримінологічного запобігання кримінальним правопорушенням мають формально-юридичне значення, оскільки вони не є імперативними, часто зумовлені рішеннями, ухваленими в умовах судової дискреції та de jure є актами правозастосування та правотлумачення положень Європейської конвенції з прав людини. Водночас такі рішення утворюють апробовану платформу для удосконалення організаційно- правових заходів протидії злочинності через формування курсу розвитку кримінально-правової політики.

The topic of protecting certain types of labour rights of citizens in decisions of the European Court of Human Rights is relevant in connection with numerous cases of discrimination of employees by employers, which determines the need to resist offenses in the field of labour. The purpose of the study is to clarify the content and essence of labour rights in general and determine the place and role of certain types of rights that are subject to protection. The theoretical and methodological basis of the study is the formal legal method, which allowed analysing the current decisions of the European Court of Human Rights. The use of analysis and synthesis methods allowed comparing the main norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and the mechanisms used to protect certain types of labour rights. Using the structural and functional method, the main types of labour rights protected by the Convention are determined. The use of formal and logical facilitated the study of the achievements of researchers in the field of human rights protection. It is noted that among the list of articles of the Convention there are no norms that directly provide for the protection of the labour rights of citizens, but there are a large number of violations resulting from the implementation of labour relations. Such violations are related to the protection of the rights defined by the Convention, namely: discrimination on many grounds, violation of the right to freedom of speech, the right to privacy, a fair trial, and other rights. Most of them relate to defining the boundaries of privacy in the performance of labour duties; how the employer takes into account the employee’s initiative; compliance with the norms of the employment contract, and administrative policy of the enterprise. The main types of labour rights protected by the Convention on Human Rights and Fundamental Freedoms are highlighted. Theoretical developments, conclusions, and proposals can be used for further scientific research on problematic issues in the field of protection of certain types of labour rights in decisions of the European Court of Human Rights.

Subject of the research. The article considers two levels in the mechanism of protection of human rights and freedoms: national and supranational. National includes both judicial and non-judicial methods of protection. The supranational level is represented by universal (global) and regional ways. The purpose of the research is to identify an effective mechanism for the protection of human rights that can replace the mechanism of protection provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has ceased to be valid for citizens of the Russian Federation. Research methods are the formal-legal method, analysis, synthesis, formallogical method.The main results. Theoretically, a particular citizen can use any of the national and supranational mechanisms for the protection of human rights. However, the nature of their action and the procedure for gaining access to these mechanisms are different, which affects their effectiveness and the readiness of a person to turn to one or another method of protection. Among supranational mechanisms, the Universal Declaration of Human Rights of 1948 has a unique status: on the one hand, this document is “a symbol of the moral consensus of all states, the starting point for the creation of a modern human rights regime”; on the other hand, it is an act-declaration, the application of which in specific legal relations and the protection of human rights with its help are problematic. The International Covenant on Civil and Political Rights of 12/16/1966 provides for the establishment of a Human Rights Committee that exercises control over the provisions of the Covenant through a system of reports. Reports on measures taken to implement the rights provided for by the Covenant, as well as on non-fulfillment of their obligations under the Covenant by other States Parties, are submitted by States Parties. The mechanism of reports, however, is not reliable enough - there are states that ignore it.Regional Conventions are rightly considered the most effective means of protecting human rights. The implementation of the provisions of the Conventions is ensured by the activities of supranational judicial bodies, to which the applicant can file a complaint. The conditions for applying to such a court, its territorial proximity, the possibility of executing court decisions make this method of protection as accessible as possible. Among the national remedies, first of all, it should be noted the activity of the Constitutional Court of the Russian Federation to protect the constitutional rights of citizens. The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Russian Federation in the section on human rights are almost identical, often written in the same phrases. But, despite the number of coincidences in the designation of human rights and freedoms, the main thing is not the designation (this is a declaration) of a specific right or freedom, but how they are applied and what is the practice of their protection (interpretation) by the Constitutional Court at the national level and the Convention on the supranational. It is here that the understanding of “identical” formulations can differ, and the question of who is better: a national or supranational body protects a particular human right, becomes debatable. It should also be remembered about the very meaning of supranational protection as an opportunity to receive protection from one's own state, albeit a subsidiary one. Therefore, it would be wrong to assume that in the absence of the possibility of applying to the ECHR, a citizen will be able to receive protection in the Constitutional Court without prejudice to the outcome of such protection.Considering that the protection of human rights is, first of all, the activity of national courts of first instance, consideration by the courts of administrative, civil and criminal cases, in cases where it is carried out in full compliance with the norms of procedural legislation, is able to fully ensure the protection of the rights and human freedoms. To do this, the courts have all the necessary tools, you just need the ability and desire to use them.Among the internal structures for monitoring the observance of human rights, a number of state and public bodies can be distinguished - the Commissioner for Human Rights in the Russian Federation, the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, the Public Chamber of the Russian Federation, the police, the prosecutor's office and others. However, it is not possible to attribute them to the effective bodies for the protection of human rights.Conclusions. The existing national and supranational mechanisms for the protection of human rights, in their effectiveness, are not able to fully compensate for the loss of the opportunity for citizens of the Russian Federation to file a complaint with the European Court of Human Rights.

The article deals with the ways of regarding the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine, which is relevant both in terms of the criminal procedure as a science and for the practice of law enforcement. The purpose of the article is to formulate the concept of the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine. The paper justifies the opinion that the case law of the European Court of Human Rights is developed and based on the decisions of the European Court of Human Rights and the European Commission of Human Rights, regardless of the country in which they were adopted (i. e. has a polyterritorial jurisdiction over states being the participants of the Convention). The article proves that the case law of the European Court of Human Rights is draws upon the decisions made by the European Court of Human Rights and the European Commission of Human Rights regardless of the time of adoption, i. e. it includes the decisions adopted before Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms. The author points out the appropriateness of classifying decisions that have acquired the status of final as «case law of the European Court of Human Rights». It is also mentioned that there is a need to include final decisions in the case (as the matter of fact), which have a decisive nature and contain a legal position in this case, into the scope of the category «case law of the European Court of Human Rights». Moreover, the article substantiates the necessity to include the decisions adopted by the European Court of Human Rights in full, i. e. not only the set forth legal positions, into the category of «case law of the European Court of Human Rights». Following the results of the study, the case law of the European Court of Human Rights as a source of criminal procedural law of Ukraine is defined as a set of decisions adopted by the European Court of Human Rights and the European Commission of Human Rights, which have entered into force and contain legal policies which either clarify or specify the provisions of the Convention as for the Protection of Human Rights and Fundamental Freedoms and relate to human and citizen’s rights and freedoms.

The article is devoted to the analysis of the case law of the European Court of Human Rights in the field of family law. In this article, the authors explore the definition of "family life" in the case law of the European Court of Human Rights; topical issues on the recognition of cohabitation of same- sex couples in family life and on the state registration of same-sex marriages; issues of protection of the child's interests in resolving family law disputes. The authors point out that the case law of the European Court of Human Rights is a source of family law in Ukraine. The authors found that the European Court of Human Rights uses an autonomous concept of "family life", which is broader than the definition of "family" and is characterized by certain criteria. In matters of same-sex marriage, the European Court of Human Rights recognizes same-sex partnerships in family life, but leaves it to the state to register such marriages. In the judgments analyzed by the authors, the European Court of Human Rights assumes that Article 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms enshrines the traditional model of marriage. The authors conclude that the issue of legalization of same-sex marriages should be decided by states taking into account ethnic, cultural, religious and other characteristics. In matters relating to the protection of the rights of the child, the European Court of Human Rights uses the notion of "the best interests of the child". The Court emphasizes the special bond between children and their biological parents, which is part of family life.The state must ensure the child's right to communicate with other relatives and persons with whom the relationship is important to the child, as well as the child's right to develop in a safe, secure and stable environment. Parents should have equal rights in resolving child custody disputes. When deciding on paternity, DNA analysis is the only scientific method of accurately establishing the paternity of a particular child and its probative value significantly exceeds any other evidence presented by the parties to confirm or deny their close relationship.