IMPROVEMENT OF REGULATORY AND LEGAL PRINCIPLES FOR THE APPLICATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE PRACTICE OF THE ECHR AS A SOURCE OF LAW IN CIVIL JUDICIAL PROCEEDINGS OF UKRAINE

Abstract

The article is devoted to the analysis of current problems of the application of the practice of the European Court of Human Rights (ECHR) by the courts of Ukraine and the justification of the need to improve the legislative regulation of this process. The article highlights such problems as the lack of clear methodological rules in the current legislation regarding the application of the practice of the ECHR, which leads to its formal, unsubstantiated use, incorrect citation, and ignoring the relevance of the Court's conclusions to the specific circumstances of the case. The problem of insufficient attention of higher courts to verifying the correctness of the application of the practice of the ECHR and the uncertainty of its status in the system of sources of law is also emphasized. Based on the analysis, the author proposes, firstly, to clearly define the place of the practice of the ECHR in the system of sources of Ukrainian law. Secondly, the need to supplement procedural legislation (using the example of the Code of Civil Procedure of Ukraine) with norms that would oblige courts to motivate in detail the application or non-application of the practice of the ECHR, as well as to introduce specific methodological requirements for the analysis and use of ECHR decisions (including the analysis of the ratio decidendi and the correlation of facts). It is noted that such changes will contribute to improving the quality of judicial decisions, ensuring the unity of judicial practice, strengthening the protection of human rights in accordance with European standards, and strengthening the rule of law in Ukraine.