Abstract
The purpose of the article is to identify and analyze topical issues of the application of the case-law of the European Court of Human Rights (hereinafter - ECtHR) in the context of the implementation of the current criminal procedural legislation of Ukraine. To achieve this purpose, the authors have studied the scientific positions of the lawyers, the relevant provisions of the current legislation of Ukraine, the requirements of international legal acts and the case-law of the ECtHR. The general provisions of the criminal process science were methodological basis of the study. The authors of the article used the following methods of scientific knowledge: systematic, logical, semantic, comparative and documentary analysis. The place of the case-law of the ECtHR in the system of national legislation has been clarified, in particular the decisions of this Court are binding throughout Ukraine, and national courts have to apply the case-law of the ECtHR as a source of law. It is argued that the right of Ukrainian communities to seek the protection of their rights and freedoms under the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - ECHR) is an additional guarantee against arbitrariness of the public authorities and officials who violated or restricted them. It was stated that even after implementation of the universally recognized norms and principles of international law in the sphere of protection of human rights and freedoms into current criminal procedural legislation of Ukraine, the facts of their violation occur. This, in turn, leads to the adoption of the ECtHR decisions against Ukraine, in which 90% of cases state violations of fundamental rights and freedoms guaranteed by the ECHR.
Highlights
The XX century was marked by significant democratic changes in the field of protection of human rights and freedoms, which necessitated the formation of an appropriate legal mechanism for their protection
In order that humanistic ideas, focusing on human rights and dignity, proclaimed by the European international community would remain declarative slogans and dreams, but receive their life and effective implementation, it was necessary, first, to formulate them in the relevant regulatory documents, and secondly, to create an international institution that could establish a regime of the compliance with, development and realization of human rights in Europe
Today there are questions that have not been resolved positively, which leads to the advancement of tasks for their in-depth theoretical research with the aim of further developing and formulating proposals for the implementation into national legislation and their improvement
Summary
The XX century was marked by significant democratic changes in the field of protection of human rights and freedoms, which necessitated the formation of an appropriate legal mechanism for their protection. To this end, Article 55 of the Constitution of Ukraine (1996) enshrines the right of citizens of Ukraine, after the use of all national remedies, to apply for the protection of their rights and freedoms to the relevant judicial institutions or to the relevant bodies of international organizations, which is an international legal guarantee of the rights and freedoms of citizens. M. Solonenko (2011, pp. 100-101) noted that international legal guarantees of rights and freedoms are important in the mechanism of ensuring rights and freedoms provided for by international treaties, conventions, declarations and other international documents, are the system of international norms, principles, legal and organizational means, conditions and requirements by which they exercise the compliance, security, protection of human rights, freedoms and legitimate interests.
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