PROBLEMS OF IMPLEMENTING CASE LAW OF THE ECHR IN THE CRIMINAL PROCEEDINGS OF UKRAINE

Abstract

The article deals with the problematic issues of the application in the criminal proceedings of Ukraine decisions of the European Court of Human Rights. Attention is paid to current problems of using the legal positions of the European Court of Human Rights in decisions of Ukrainian courts. It is pointed out the need to develop practical recommendations and methods for directly using the practice of the Strasbourg court in the decisions of Ukrainian courts. It is noted that the application of the Convention is impossible without precedent decisions of the ECHR, through which a dynamic interpretation of human rights is carried out, its content and essence are revealed. It is indicated the urgency of the problems when using the courts of Ukraine legal positions of the ECHR in assessing specific legal situations (incidents) from the point of view of observance of human rights and ensuring a fair trial, as well as the application by the Ukrainian courts of the precedents of the ECHR in its decisions. The attention is paid to the disclosure of the contents of the Convention on the basis of an analysis of the various decisions of the ECHR and the problems of using the courts of practice in the ECHR in assessing evidence, in substantiating and motivating their own decisions. The emphasis is placed on the application of the ECHR and ECHR judgments in criminal proceedings in Ukraine. The factors limiting and complicating the proper and effective application of the practice of the ECHR are investigated, and it is concluded that there is currently a legal uncertainty about the status of decisions of the ECHR as a precedent source of compulsory application, and there are no clear and effective methods of drafting and motivating judicial decisions based on the legal position of the ECHR using references to specific precedents.