The use of ECHR and ecsr decisions in ukrainian judicial practice

Abstract

Purpose. The purpose of the article is to analyze the features of the application of the decisions of the ECHR and the ECSR in the national judicial practice of Ukraine, to clarify the level and mechanisms, as well as to identify problems and prospects for legal harmonization. In particular, the effectiveness of the integration of the standards of the ECHR and the conclusions of the ECSR by Ukrainian courts when considering cases related to human rights and social guarantees is investigated. Methods. The work uses a complex of general scientific and special methods, in particular: the method of comparative analysis, the formal-legal method, the method of a systematic approach and the analysis of judicial practice. Empirical data from the decisions of the Supreme Court and national courts of general jurisdiction over the past five years are also used. Results. The results of the study found that Ukrainian courts are increasingly turning to the practice of the ECHR as a source of interpretation of legal norms, which indicates an increase in the level of legal integration and implementation of European standards. In particular, the number of cases in which references to the decisions of the ECHR are crucial for making a reasoned court decision is increasing. At the same time, the use of the conclusions of the ECSR is still episodic and not systematic enough. The reasons for this are the insufficient level of legal awareness of judges regarding the provisions of the European Social Charter (revised), as well as the lack of clear regulatory provisions on the mandatory consideration of the practice of the ECSR in national law enforcement. Conclusions. Themain directions for improving thenational mechanism for considering international human rights documents have been identified, including the development of methodological recommendations for judges, improving the system of training lawyers, and the regulatory consolidation of the status of the practice of the ECSR. The implementation of the practice of the ECHR in the decisions of national courts has a positive effect on the quality of justice and contributes to the establishment of the rule of law. Further research should be aimed at developing mechanisms for automatically taking into account the practice of international bodies in national law enforcement, as well as studying the impact of social standards on the judicial policy of Ukraine.