APPLICATION OF THE CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN ADMINISTRATIVE PROCEEDINGS

The objective of this article is to certificate the legal nature of the decisions of the European Courtof Human Rights (starting now referred to as the ECHR), to determine the place of the Conventionon Human Rights and Fundamental Freedoms (starting now referred to as the Convention) inthe hierarchy of the rule of law, research and elaboration of theoretical and practical provisionson the application of the Convention and the case-law of the ECHR by administrative courts.The author devoted particular attention to exploring the issue of application of provisions of theConvention and the jurisprudence of the ECHR in law enforcement.To achieve the set goals, the content of the Convention and the legislation of Ukraine as the legalbasis for guaranteeing and protecting the rights and freedoms of the individual in the sphereof public legal relations has been analyzed, and theoretical approaches to understanding keyconventional concepts, categories and principles have been elucidated. In addition, the author hasdefined the objectives of the ECHR and the role of the Court’s jurisprudence in law enforcementin Ukraine.The methodological basis of the research became general scientific and uniquelegal methodsto reach knowledge. In particular,scientificlearning methods such as analysis, description,comparison were used. The content of certain concepts had been clarified through a formallogicalapproach,and a comparative legal method had been used in the research of the applicationof the Convention by different States parties.The study found that the case-law of the ECHRtowards Ukraine demonstrated the need for an urgentchange in law enforcement practice and unconditional compliance and application by courts ofthe provisions of the Convention and court decisions of the ECHR. To guarantee the constitutionalright of a person to protection against unlawful decisions, actions or inaction of state bodies and to ensure the right of a person to a fair court during the execution of administrative proceedings,the Convention principles of judicial activity shall be subject to mandatory application, as wellas the Unified requirements of the right of interference in the person’s right.The legislator shouldenshrine these provisions in a procedural law – the Code of Administrative Procedure of Ukraine.The author concluded that ensuring the proper application by the state of the requirements of theConvention and the practice of the ECHR by the administrative Court would guarantee not onlythe implementation of the Convention rights of the individual but also adequate protection of therights and freedoms of the person from unlawful decisions, actions (inaction) of the subjects ofpower in the sphere of public-legal relations.