PROBLEMS OF UKRAINE’S IMPLEMENTATION OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS AND WAYS TO RESOLVE THEM

Abstract

The article is devoted to the study of the peculiarities of Ukraine’s implementation of the decisions of the European Court of Human Rights, highlighting ways to ensure the implementation of these decisions as a guarantee of human and civil rights, as well as developing proposals to address these issues. Within the framework of this topic, the stages of execution of the Court’s decisions are considered in more detail, the individual and general measures taken to implement the decisions of the European Court of Human Rights in cases against Ukraine are analyzed. In addition, non-enforcement decisions against Ukraine were divided into three categories to better clarify the problems during their implementation. The authors analyzed the Law of Ukraine “On Enforcement of Judgments and Application of the Case Law of the European Court of Human Rights” and the relationship between the concepts of “Court decision” and “Court practice”. The position of the Supreme Court on the interpretation of the concept of “execution of the decision of the European Court of Human Rights” is clarified. The recommendations of officials on the state of implementation of the Court’s decisions during the hearings of the Verkhovna Rada Committee on Legal Policy of November 13, 2020 “Problems of Ukraine’s implementation of the decisions of the European Court of Human Rights” were analyzed. The recommendations proposed at the conference were considered, in particular, improvement of the existing moratorium system, increase of the amount to be allocated for the implementation of the Court’s decisions, improvement of socially-oriented legislation, etc. The conclusions provide proposals for the introduction of a separate structural unit of the Ministry of Justice of Ukraine to create and organize the translation and publication of the Court’s decisions in the Ukrainian language.