Klymovych O. European Convention on Human Rights and Fundamental Freedoms as a component of the internal legal order and specifics of its implementation by the national courts of the Council of Europe member states.

This thesis considers the impact of doctrine, legal framework and case law regarding implementation of the European Convention on Human Rights and Fundamental Freedoms (ECHR) on the national legal systems of CoE member states, and in particular on the case law of those national courts. It focuses on ascertaining trends in the development of standards for the protection of human rights, the main methods of their implementation by the national courts of member-states, and the development of scientific recommendations for bringing Ukrainian legislation into conformity with the ECHR, as well as the future implementation of such legislation in Ukraine. The thesis includes a comprehensive analysis of modern concepts regarding the implementation of the international law, human rights law and related case law of the European Court of Human Rights (Court), as well as the national courts of the member states of the Council of Europe (CoE), aimed at developing theoretical and practical recommendations for further harmonization of the internal legal order of Ukraine with the standards developed within the framework of the ECHR. The research demonstrates that the ECHR has evolved into an autonomous legal regime, consisting of substantive norms, implementation procedures, and monitoring and enforcement mechanisms. It also provides for the liability of states for violations of human rights and fundamental freedoms. The Court is an essential part of the ECHR system, and its decisions often serve as tools for further improvement of national legal systems. Implementation of the ECHR into domestic legal systems is an example of the supremacy of the international law and its practical realization. Such implementation provides additional support for the view that the classic distinction between monism and dualism does not further the cause of implementing the ECHR. Most member-states of the CoE have recognized superiority of the ECHR over ordinary domestic laws, while many believe it is as fundamental as their national constitutions and/or have incorporated it into these constitutions. If incorporation of the ECHR is conducted at the stage of realization, particularly at the stage of the development of national legislation, there is higher chance for the effective protection of human rights and fundamental freedoms at the national level. National legislative bodies are responsible for the incorporation of ECHR standards into the national legal order at the initial stages, thereby providing additional tools for the prevention of human rights violations. An increasing number of states provide their domestic courts with the right to consider national legislation and its compliance with the ECHR. Such a review may lead to further revision of domestic legislation by constitutional courts, amendment of the legislation, or direct application of the ECHR.