Правові позиції Європейського суду з прав людини як джерело права в Україні

The article reveals the essence of the legal positions of the European Court of Human Rights as a source of law in Ukraine in the context of European integration. The analysis of scientific literature allowed us to distinguish two positions of the authors who studied this problem: 1) the unquestionable recognition of the decisions of the ECHR as a source of law and 2) the position that boils down to the incorrectness of comparing the decisions of the Court with precedents in their classical sense. The emergence of legal positions and legal precedent in the activities of the ECHR is a consequence of the long-term performance of its functions by the judicial institution and its influence on the national practice of the participating countries. Moreover, legal positions «distort» the precedential nature of the decisions of the ECHR, preventing it from «solidifying» in the application of classical case law, vivid examples of which can be seen in the Anglo-Saxon legal system. The legal positions of the ECHR are a more flexible tool for the comprehensive resolution of cases related to the violation of the Convention. The ECHR is forced to «impose» its legal positions, based on the values enshrined in the Convention and not subject to revision, on national systems in the desire to create a unified practice of protecting and restoring conventional human rights violated as a result of unlawful actions of states. The legal positions of the ECHR in Ukraine have acquired the properties of a full-fledged source of law, and scientific discussions on their attribution to sources of law in Ukraine have almost been exhausted, especially in the context of European integration, as well as the urgent need for the systematic restoration of human rights and freedoms violated due to Russian aggression. The legal positions set out in the decisions of the ECHR are normative in nature. They contain new legal norms, and therefore provide direct material for norm-setting at the national level. Ukraine is obliged to implement the decisions of the ECHR, which requires the adoption of both individual measures to implement legal positions (during law enforcement) and general measures to consolidate them in current legislation (during the process of norm-setting). In addition, taking into account the practice of the ECHR is an integral part of integration into the European legal space and ensuring human rights. Taking into account the legal positions of the ECHR as a full-fledged source of law contributes to the implementation of European standards in the national legal system.