The Problems of Implementation of the European Court of Human Rights Decisions in Ukraine

Abstract

The Parliament of Ukraine ratified the European Convention on the protection of human rights and fundamental freedoms in 1997and from that date for Ukraine began a qualitatively new stage of legal development and reform, the content of which is the approximation of the national legal system to European standards by the transfer of European legal values. They mostly find their practical expression in the precedent law of the European Court of human rights on Ukrainian soil. The European Convention for the protection of human rights and fundamental freedoms (1950) organized international procedural system that is linked with national, legal and procedural systems. Being an international legal act which enshrines the fundamental rights and freedoms of the civil and political character, it created a well-developed and effective mechanism for the protection of human rights. The European Court of human rights because of its consistent activity provided the opportunity of the Convention to be effective, to constantly develop and improve the Court’s precedents. To date, the European Court of human rights is considered to be one of the main international human rights institutions of the European system of human rights protection. Their solutions and provided recommendations affect the establishment, reform and modernization of the modern national human rights systems, and the practical application of European legal standards adopted by decisions of the national courts. Today, the issue of regulatory and organizational guarantees of the rights of Ukrainian citizens to appeal to the European Court of human rights is one of many problems, such as the rights and freedoms of the person, their practical implementation, guarantees and performance is the criterion by which the estimated level of democratic development of society and the State in General. Despite the judicial reform in Ukraine is accompanied by changes in legislation and personnel changes, significant positive achievements in the process of the execution of the European Court of human rights are not observed. It was accepted by the Law of Ukraine «About the execution and application of the practice of the European Court of human rights» 2006, Law of Ukraine «On State guarantees of execution of court decisions» in a series of by-laws and regulations, but there are also problems with the implementation of their certain provisions. Ukraine guarantees the enforcement of decisions, where debtors are State bodies, enterprises, legal entity, forced implementation of the property of which is prohibited under the law, even in the case of their insolvency. In this case, the State carries out the Court’s decision at the expense of the State budget of Ukraine, but in conditions of unstable military-political and economic situation in the country, usually do not have enough financial resources. Another significant problem is, in our opinion, human resources, i.e. the lack of professional level of some of the officers, authorized to provide execution of court decisions. Perhaps this is true for their inaction and irresponsibility. We believe that the decision of the European Court of human rights should be for all the public authorities and their officials of the benchmarks in the field of protection and the protection of rights and freedoms, because this is the key to compliance with European democratic standards and civilized development of the Ukrainian State.