Solodova K. The case-law of European Court for Human Rights as a source of administrative law

The current state and prospects of transformation of the system of administrative law sources from theoretical and legal positions are characterized. The essence and significance of the case-law of the European Court of Human Rights as sources of administrative law are considered. The experience of other countries is studied separately, namely the peculiarities of the European Court of Human Rights case-law in the system of sources of administrative law of the member states of the Council of Europe on a specific example of the Federal Republic of Germany. A hierarchical system of administrative law sources is described in detail, dividing it into formal and informal sources. The place of the European Convention of Human Rights and, accordingly, the European Court of Human Rights case-law as an integral part, has been clarified. According to the author’s position, the Convention of Human Rights and the case-law of the European Court of Human Rights have been proposed to top the hierarchical structure. It is emphasized that not only those decisions of the European Court of Human Rights, where one of the parties to the case is Ukraine, but also the other decisions that make up the array of activities of the Court, are recognized as a source of law. It is proved that not whole decision is subject to use as a source of law, but only some of its provisions (if such a decision is made with respect to another state). Given the understanding of the legal nature and role of the European Court of Human Rights as a source of law, recommendations were made to improve the legal framework and administrative practice of public administration entities in their application of the case law of the European Court of Human Rights in order to ensure the realization of guaranteed human rights. It is suggested to clarify the range of public administration and other subjects for whom the case law of the European Court of Human Rights is a source of law. The author’s understanding of the category «administrative practice» is formulated.