IMPLEMENTATION OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE NATIONAL LEGAL SYSTEM OF UKRAINE

Abstract

This article presents information about the application of the European’s Court of Human Rights case-law in the criminal system of the Kingdom of the Netherlands with the aim of applying such experience in Ukraine. The Netherlands has a four-hundred-year history of national law formation. On the other hand, the Kingdom of the Netherlands is one of the first countries to ratify the Convention for the Protection of Human Rights and Fundamental Freedoms [1]. Thus, the legal system of the Netherlands has come a long way in development, both before and after the ratification of the above-mentioned convention. Therefore, studying the experience of the Netherlands can enable Ukraine to go through the path of implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms [1], with the least number of mistakes. In the 50s of the 20th century, the process of implementing the Convention for the Protection of Human Rights and Fundamental Freedoms caused controversy in the scientific community. But in the 60s of the 20th century, the country's legal system came to a system that is close to the modern one. In the 80s, the case low of the European Court of Human Rights has already become a source of law that courts use in their practice.

An important role in law enforcement of ECHR’s case low is played by the balance between the ECHR’s case low and national legislation. On the one hand, the case low of the European Court of Human Rights has an impact on national practice. On the other hand, the question of priority between ECHR’s case low and national legislation has no answer. But it can be stated that the practice of the European Court of Human Rights supplements and expands national legislation.

Also, courts use ECHR’s case low to resolve issues not regulated by national legislation.

Thus, the legal system of the Kingdom of the Netherlands is an example of a reasonable balance between the application of case low of the European Court of Human Rights and national legislation. Adherence to such a balance in Ukraine would be very useful for the national legal system.