The impact of the European Court of Human Rights judgements on the development and transformation of Ukrainian law
Year: 2024
Type: article
Abstract: The relevance of this study lies in the fact that the European Court plays a considerable role in protecting the rights and freedoms of citizens, and the judgements delivered by the European Court of Human Rights (ECHR) reflect the interaction of Ukrainian jurisdiction with European human rights norms and standards, which is crucial in the context of strengthening democratic principles and the rule of law in Ukraine. The purpose of this study was to examine the impact of judgements of the International Court of Human Rights on the structure and content of Ukrainian legislation. The following methods were used in the study: historical, hermeneutical, statistical, and comparative analysis. The study showed the impact of the decisions of the international court that guarantees the observance of individual freedoms on the development and transformation of the Ukrainian legal space. The study analysed how Ukrainian courts react to the ECHR judgements. It was found that these decisions are often used as a basis for improving legislation and law enforcement practice in Ukraine. However, there are also cases of non-compliance with ECHR judgements, which indicates the need to further strengthen the mechanisms of influence of international law on internal legislation of the country. The study examined particular cases where the ECHR judgements helped to defend the rights of Ukrainian citizens before internal judicial authorities or state institutions, which demonstrates the important role of the European Court in guaranteeing the protection of human rights in Ukraine. These decisions not only point out problems and gaps in national legislation, but also contribute to improving law enforcement and protecting citizens’ rights. The practical significance of this study lies in the fact that it will improve the practice of enforcement of the European Court’s judgements in the country, and the analysis of such judgements may also serve as a basis for developing mechanisms for protecting the rights of citizens in the Ukrainian judicial process
Source: Social & Legal Studios
Author: Liana Spytska
Institution: Kyiv International University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4406768744