The role of the convention for the protection of human rights and fundamental freedoms and the practice of the European court of human rights in performing law enforcement activities in Ukraine

Abstract

Purpose. The purpose of the article is to clarify the role of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights in the implementation of law enforcement activities in Ukraine. Methodology. The theoretical toolkit of the study consisted of: universal epistemological principles of cognition, complex, dialectical, axiological approaches, general scientific and special scientific methods of cognition. In particular, the following methods of scientific research were used during the research: analysis, synthesis, induction, deduction, structural, systemic. Results. As a result of the study, it was established that the relevant consideration of the legal positions of the ECHR by law enforcement entities in Ukraine ensures their compliance with the norms of the Convention and the Protocols to it, and not their application, as provided by the prescription of Art. 17 of the Law of Ukraine «On the Execution of Decisions and Application of the Practice of the European Court of Human Rights», which extends its effect to national courts. Originality. The work substantiates for the first time the proper forms of implementation of the convention norms by the subjects of law enforcement activity, as well as the need to take into account the legal positions of the ECHR by such subjects. Practical significance. The results of the research can be used for further scientific research in this area, as well as in the law enforcement activities of subjects authorized to implement the decisions of the European Court of Human Rights into the national legal order of Ukraine.