PRECEDENT PRACTICE OF THE EUROPEAN COURT AS A FACTOR FOR EUROPEAN ADAPTATION OF CIVIL JUDICIARY IN UKRAINE

Abstract

The publication examines the use of precedent
practice of the European Court in the civil
proceedings of Ukraine. The role and significant
influence on the process of European adaptation of
legal practice in Ukraine is emphasized, the
interpretation of the norms of the European
Convention on Human Rights in the decisions of the
European Court is analyzed.
It was noted that most of the provisions of the
Convention are interpreted in the decisions of the
ECtHR. The application of decisions in the practice of
the Ukrainian judiciary simultaneously reflects the
application of the norms and principles of the
Convention. Therefore, this is a very important
process that brings the European adaptation of the
judiciary, in particular the civil one, closer to the
standards of the European community.
The main principles governing the use of
precedents of the European Court in Ukrainian civil
proceedings are highlighted, such as the principle of
priority of international legal norms, the principle of
unity of interpretation, the principle of taking into
account the context, the principle of conformity, the
principle of avoiding contradictions, etc. The opinion
is expressed that the deviation from the norms of the
Convention, which Ukraine submits in the form of
reservations to the Council of Europe, can have an
impact on domestic judicial practice and lead to
contradictions and collisions between the decisions of
the European Court and its own decisions, as well as
violate the consistency in the resolution of cases.
It is emphasized that the application of the
decisions of the ECtHR from the point of view of the
propriety of judicial proceedings today already takes
place at various stages of the judicial process,
including the opening of the case, consideration of the
case, evaluation of evidence, executive proceedings,
etc. This is a confirmation that the precedent practice
of the ECtHR really became a factor in the European
adaptation of the judicial process.
Problems of applying precedents - court
decisions of the European Court of Human Rights in
the process of decision-making by Ukrainian judges
are pointed out: the discrepancy between national
legislation and international standards, insufficient
preparation of judges for the application of the
convention and precedents of the European Court, insufficient awareness of human rights among judges. It has been proven that the use of precedents of the European Court helps Ukrainian courts and law enforcers to solve complex cases related to human rights, based on already existing practice and precedents. This contributes to the consolidation of the legal system of Ukraine and increasing its authority.

Key words: precedent, practice of the European Court of Human Rights, civil procedure, European adaptation. principles of using precedents of the European Court of Human Rights.