Issue: №12/3, 2019
Doi: https://doi.org/10.37634/efp.2019.12(3).4
More than twenty years have passed since Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms in 1997 and recognized the jurisdiction of the European Court of Human Rights (ECtHR). On September 16, 2014 the European Parliament ratified the Association Agreement with the EU synchronously with the Verkhovna Rada of Ukraine. European integration processes have once again begun to play a leading role in the implementation of legal reform in Ukraine aimed at introducing the fundamental provisions of the European Convention on Human Rights (ECHR). First and foremost, the implementation of the rule of law principle based on the case-law of the European Court of Human Rights. In connection with this starting point, the ECtHR's case-law is considered to be a source of law, in particular in administrative proceedings. The main findings are based on the fact that the ECtHR's practice is inextricably linked to the Convention, which the ECtHR interprets in its decisions when dealing with specific cases. Some attention has been paid to the analysis of the provisions of the Law of Ukraine “On the enforcement of decisions and the application of the case-law of the European Court of Human Rights”. Article 17 of this Law provides for the courts using the ECHR and practicing the case-law of the ECtHR's as a source of law. Article 18 of the aforementioned Law defines the order of reference in national courts’ decisions to the ECHR and ECtHR's practice. It is emphasized that according to Article 1 of the above Law, it is necessary to talk about the ECtHR’s practice in a broad aspect, and not only about decisions regarding Ukraine. It is revealed that the main discussion is on the precedental nature of ECtHR’s decisions. As scientists understand the precedental nature of EctHR’s decisions, this question has taken the appropriate place in the study. As a result, it is concluded that the practice of the ECtHR has a precedent form the content of which is based on the legal position of the official interpretation of the provisions of the ECHR. It is in this form that it is appropriate to apply the case-law of the ECtHR's in the area of administrative justice.
Keywords : European Court of Human Rights, source of law, administrative law, litigation, case-law
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