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Oksana BOYKO,

Judge of the Odessa District Administrative Court

PROBLEMS OF APPLYING THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A SOURCE OF JUDICIAL PRACTICE

The article is devoted to the application of the Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court in Ukrainian legal field. On the basis of analyzing national legal acts author discovered legal aspects of using international jurisprudence in national legal system. The author made an attempt to define the features using of the Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court and decisions of the European Court in Ukraine. In particular, the author analyzes the model use of these documents by judicial authorities as sources of national law. Also, the author focuses on great importance for the using of the decisions of the European Court of Human Rights by enforcement bodies in the context of international commitments taken by the country. The article outlines the considerations of searching of ways to solve the problem of enforcement in the long run.

Key words: European Court of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, Council of Europe, the rule of law, European standards and values, the principles of interpretation of law, enforcement.

References

Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, as amended by Protocol No. 11 and Protocol No. 14. URL: http://zakon4.rada.gov.ua/laws/show/995_004. [ukr.]

On the implementation of decisions and application of the case law of the European Court of Human Rights: Law of Ukraine of February 23, 2006, as follows URL: http://zakon2.rada.gov.ua/laws/show/3447-15. [ukr.]

On International Treaties of Ukraine: Law of Ukraine of June 29, 2004 URL: http://zakon4.rada.gov.ua/laws/show/1906-15. [ukr.]

On the Judiciary and the Status of Judges: Law of Ukraine of July 7, 2010 / As of April 1, 2015. URL: http://zakon2.rada.gov.ua/laws/show/2453-17. [ukr.]

Dworkin R. Empire of law: abstract. Legal thought of the XX century: Sat. reviews and abstracts. M., 2002. P. 149–158. [rus.]

Dudash T. I. Practice of the European Court of Human Rights: textbook. way. View. 2nd. K .: Alerta, 2014. 488 p. [ukr.]

European Convention on Human Rights: basic provisions, application practice, Ukrainian context / ed. OL Zhukovskaya. K .: VIPOL, 2004. 960 p. [ukr.]

Ivanets I. Implementation of decisions and application of the case law of the European Court of Human Rights in Ukraine: problems and ways to solve them URL: http: // evpe_2013_9_33% 20 (4) .pdf. [ukr.]

McBride J. Principles governing the interpretation and application of the European Convention on Human Rights. European Convention on Human Rights: basic provisions, application practice, Ukrainian context / ed. O. L. Zhukovskaya. K .: VIPOL, 2004. 960 p. [ukr.]

Rabinovych P. M. Radanovych N. M. European Convention on Human Rights: Problems of National Implementation (General Theoretical Aspects). Works of Lviv. Laboratories of human and civil rights. State Research Institute construction and sites. self-government of the APRN of Ukraine / editor: PM Rabinovych (editor in chief) and others. Series I. Research and abstracts. Vip. 4. Lviv, 2002, 192 p. [ukr.]

Solovyov O. V. International treaties and international judicial practice of their application as a source of national law: Series I. Research and abstracts. Works of Lviv. Laboratory of Human and Citizen Rights Research Institute of State. construction and sites. self-government of the Academy of Pedagogical Sciences of Ukraine / editor: PM Rabinovych (editor in chief) and others. Series I. Research and abstracts. Vip. 26. K .: AOK, 2012. 164 p. [ukr.]

Tretyakov D. Application of the case law of the European Court .: http://www.viche.info/journal/570/. [ukr.]

Shevchuk S. European Convention for the Protection of Human Rights and Fundamental Freedoms: practice and principles of interpretation in the context of modern Ukrainian legal understanding. URL: http://eurocourt.in.ua/Article.asp?AIdx=416. [ukr.]