Теоретико-правове дослідження імплементації рішень Європейського суду з прав людини в правову систему України

In the article, the author highlights the issue of implementing the decisions of the European Court of Human Rights into the national legal system. It is outlined that the issue of approximation of national legislation, including court decisions, was outlined back in 1991, when Ukraine received the status of an independent state and took the European integration path of the country’s legal development. Since 1998, Ukraine has ratified a number of European conventions, among which it is worth noting: the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention on Human Rights. As an impetus for the approximation of European Union law and the implementation of the decisions of the European Court of Human Rights, the Verkhovna Rada of Ukraine in 2006 adopted the Law of Ukraine «On the Execution of Decisions and Application of the Practice of the European Court of Human Rights». And, although the Romano-Germanic legal system does not provide for case law, at the same time elements of case law are traced in Ukrainian legislation. The author emphasizes in the article that the European Court of Human Rights calls its own practice precedent. In turn, judicial precedent is that the European Court, when resolving a particular case, tends to generally follow the approaches that it used earlier. At the same time, legal practice has shown significant difficulties not only with the correct understanding, but also with the application of both international documents and decisions of the European Court of Human Rights. The application of thе European Court of Human Rights practice should contribute to the formation of unity of judicial practice in the protection of human rights, freedoms and interests. The author also gives his own commentary on the theses put forward by legal scholars on the issue of implementing the decisions of the European Court of Human Rights into Ukrainian legislation and the procedures for approximating European legislation to national legislation. In his study, the author reveals the issue of stagnation in the national legal system not only in resolving individual cases by analogy, but also in fully applying case law. The author also believes that a reasonable consensus is needed between the Constitutional Court of Ukraine and other bodies in the state.