Status and Prospects of the Execution of Judgments of the European Court of Human Rights in Ukraine

Abstract

The subject of research are conceptual, theoretical, methodological and applied bases of legal and economic nature concerning the execution of judgments of the European Court of Human Rights in Ukraine. Methodology. General scientific and special legal methods were used in the process of research. Quantitative and qualitative parameters of organizational, legal and economic measures on execution of judgments, including judgments of the European Court of Human Rights in Ukraine were determined by means of the analysis. The synthesis provided the formation of common features of negative and positive factors that hinder and promote, respectively, the execution of judgments. The comparative legal method allowed to identify characteristic common and distinctive features in the execution of judgments of the European Court of Human Rights in Ukraine at different times (2016 and 2021), taking into account legal and economic prerequisites. The formal-legal method created prerequisites for the formulation of conclusions regarding the effectiveness of individual and general measures taken to implement judgments. The purpose of the article is to establish the status and outline the prospects for the implementation of the decisions of the European Court of Human Rights through the study of the legal and economic foundations of the relevant national and international legal regime of this process, as well as the jurisdictional activities of the subjects of control and supervision over its course. The results of the research showed that the state of implementation of the decisions of the European Court of Human Rights in Ukraine is directly related to a number of measures of various origins, including economic ones, which are based on strict compliance with the requirements of the ratified Convention on Human Rights and Fundamental Freedoms. Conclusion. Legal and economic basis for the implementation of the content of the Strasbourg Court judgments on the territory of Ukraine is covered by international and national legal regime, with priority given to the first. Procedures for execution of the said judicial decision are determined, where two groups are distinguished in the plane of national legal regime: those that are aimed primarily at ensuring a private interest; those that create conditions for satisfaction of a public interest. Characteristic features in the execution of court decisions compared to 2016 and 2021 were revealed: an increase in the number of appeals of Ukrainians for the protection of rights and fundamental freedoms; an increase in the number of satisfied compensation claims; the presence of homogeneous problems contributing to the violation of human rights and interests in Ukraine; a decrease in the level of implementation of compensation solutions, which is associated with certain negative aspects of social life of an economic nature; expansion of the scope of consideration on the merits and related judicial decisions, taking into account the list of rights defined by the Convention for the Protection of Human Rights and Fundamental Freedoms; improvement and implementation of a strategic approach in implementing the content of general measures for the execution of judgments, in particular this international instance; implementation of the legal, economic, cultural and informational framework at the level of educational standards, which will contribute to the implementation of the content of judgments of the European Court of Human Rights. The following directions have been identified as priorities for the near future in terms of legal and economic execution of judgments of the European Court of Human Rights: creation of a systematic mechanism for implementing the content of judgments, including those of the Strasbourg Court; maximum differentiation of general measures within the framework of the implementation of the content of such decisions; priority of measures of organizational, legal, economic, informational and educational nature; emphasis in the relevant measures on the issue of balancing public and private interests, but by no means to the detriment of the former.