The principle of good governance: national and european judicial practice

Abstract

The article reveals the content of the principle of good governance based on the analysis of the Constitution and laws of Ukraine, international treaties, decisions of the Constitutional Court of Ukraine, as well as decisions of the European Court of Human Rights and the Supreme Court.The author analyzes the decisions of the European Court of Human Rights, which formulates the principle of good governance in its modern sense, and on the basis of this analysis determines its content and features. It has been established that the rulings of the European Court of Human Rights have established a consistent practice of understanding the principle of good governance, which includes five main components, a detailed analysis of each of which is based on specific examples. It was found that the principle of good governance is characterized by the dynamics of its development, which is manifested in the constant expansion of the content of this principle. It is argued that the permanent development of the principle of good governance has led to the formation of a new component of this principle - proportionality.The national case law in cases arising from public law disputes is described and the approach of courts to the application of the principle of good governance is clarified. It is substantiated that there is a well-established case law in social disputes, according to which one of the manifestations of the principle of good governance is that in the absence of an effective mechanism for guaranteeing social benefits provided by law, in full or no statutory expenditures for such benefits. should make it impossible to protect the property rights of a person guaranteed by Article 41 of the Constitution of Ukraine. Other aspects of the application of the principle of good governance in judicial practice have been clarified and analyzed. Based on the analysis, a conclusion is drawn about the importance of the principle of good governance in Euro-pean and national case law.