Types of measures regarding the implementation of decisions of the European Court of Human Rights in Ukraine

Abstract

The article is devoted to determining the peculiarities of application of various types of measures in the mechanism of execution of judgments of the European Court of Human Rights in Ukraine.Based on the analysis of international legal acts, provisions of Ukrainian legislation and case law, the author describes the procedure for applying individual measures and general measures in the process of enforcement of judgments of the European Court of Human Rights in Ukraine. The author distinguishes the difference between the procedure for enforcement of judgments of the European Court of Human Rights and the procedure for enforcement of judgments of foreign courts or international commercial arbitrations in Ukraine.It is argued that the viewpoint in the scientific literature that judicial review is not the main means of individual influence in the mechanism of enforcement of judgments of the European Court of Human Rights does not in any way negate its importance in situations where restitutio in integrum is possible only in this way.The author concludes that measures to enforce a judgment of the European Court of Human Rights are comprehensive in nature and are aimed at the fullest possible restoration of the violated right, elimination of the negative consequences of such a violation and prevention of similar violations in the future.The . The author concludes that individual measures are best suited to a particular legal situation. They are implemented both by virtue of the direct effect of the judgment of the European Court of Human Rights on the territory of Ukraine (in terms of payment of compensation to the victim) and by adopting decisions of state authorities based on the judgment of the European Court of Human Rights in accordance with the established procedure. For example, by reviewing decisions of national courts in exceptional circumstances.The author concludes that general measures have a systemic impact on the legal system of the State, serve the purpose of bringing national legislation closer to European standards and have a preventive effect on preventing future violations of the rights protected by the judgment of the European Court of Human Rights, not only in respect of the person in whose favour the judgment of the European Court of Human Rights was delivered, but also in respect of any other citizens of the relevant State.