Problems of implementation of judgments of the European Court of human rights in Ukraine

Abstract

The article is devoted to the analysis of the state of implementation of the decisions of the European Court of Human Rights in Ukraine. An analysis of domestic regulations governing the procedure for recourse to the judgments of the European Court of Human Rights in Ukraine.
The author emphasizes that the implementation of judgments of the European Court of Human Rights is a special type of compliance with international norms by states. The implementation of European standards is the responsibility of the executive and judicial branches of government.
Based on the analysis of national legislation and international norms, the author notes that control over the fulfillment of the State’s obligations is considered at special meetings of the Committee of Ministers of the Council of Europe. The author also notes the role of the meetings of the Committee of Ministers of the Council of Europe in ensuring the implementation of ECHR judgments on Ukraine in the context of breach of the European Convention of Human Rights.
As a result of the study, the author points out that as of 2022, Ukraine ranks third in terms of the number of complaints pending before the European Court of Human Rights. In addition, the article analyzes the current measures that Ukraine is trying to take to comply with the requirements set out in the judgments of the European Court of Human Rights and minimize further complaints against Ukraine to the Court.
The author analyzes the problems that were pointed out during the hearings of the Committee on Legal Policy. The problem of implementation of ECHR judgments in Ukraine has not only a legal but also a political dimension. Solving problematic issues requires coordinated action by all public authorities. Legislative activity requires a clear strategy, prioritization, involvement of practitioners and scholars, strengthening the institution of parliamentary control over the implementation of the provisions of the ECHR. It is important to ensure proper judicial review of the implementation of European Court of Human Rights decisions and their implementation in judicial practice.
The author concludes that the implementation of the judgments of the European Court of Human Rights is of great importance for Ukraine, as these judgments may influence the adoption of other decisions by the courts.