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

Abstract

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.