25 YEARS AFTER THE RATIFICATION OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS: CONSTITUTIONAL REFLECTIONS

Abstract

The purpose of the article is to propose directions for further improvement of the implementation of resolutions and application of the practice of the European Court of Human Rights in Ukraine. Increasing attention to the issues of constitutional law is a characteristic trend in the development of this branch of national law over the past few years. After the declaration of Ukraine’s independence, the transformation of “state law” into “constitutional law” was accompanied by an emphasis on the rights and freedoms of men and citizen, this institution developed gradually and continuously. The development of this institution of constitutional law is taking into account European values, and therefore 25 years since the ratification of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950 is an important milestone. It was established that the constitutional regulation of the application of the 1950 Convention is carried out, in addition to the general provisions of the Basic Law of 1996, by special provisions of the Law of Ukraine dated February 23, 2006 "On the Implementation of Decisions and Application of the Practice of the European Court of Human Rights". The article recommends dividing this Law into two sections. The first of these sections is logical, given the name of the Law, to be devoted to the implementation of the decisions of the European Court of Human Rights (the decisions of the European Court of Human Rights are procedural in nature, and therefore the member states of the Council of Europe are not involved in their implementation). This Chapter can be structured as it is now (to include Chapters 2 and 3). But, from the point of view of constitutional law, it would be more expedient to separate into one chapter of the Law all provisions relating to measures of an individual nature, and into another chapter - all provisions relating to measures of a general nature. The second of these sections, given the name of the Law, should be recommended to be devoted to the application of the practice of the European Court of Human Rights. It is advisable to include the provisions of Chapter 4 in the composition of this Section, but to detail them. To divide this Section into chapters, it makes sense to be guided by the subject composition of the actors involved in the implementation of the ECtHR’s rulings. One of these chapters should be devoted to the issue of application of the practice of the European Court of Human Rights exclusively by the Constitutional Court of Ukraine.