Короткий опис (реферат):
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.
