Harasymiv O. The impact of the European Court of Human Rights jurisprudence on the improvement of human rights legislation in Ukraine (general theoretical aspect)

The dissertation is the first in Ukraine monographic study of the impact of the European Court of Human Rights jurisprudence in cases versus Ukraine on the improvement of the human rights legislation of the latter. Considering that the impact of the European Court of Human Rights jurisprudence on legal activity in Ukraine is not limited to the individual measures to be taken by the state, but also obliges it to take general measures, as well as to take into account the recommendations of this supranational judicial institution, which do not have the binding character of general measures. The research focuses on elucidating the effectiveness of the said legal safeguards in Ukraine. The relevance of the study is due, in particular, to the fact that the harmonization of national legislation with European human rights standards is one of the necessary conditions for Ukraine’s integration into the European legal space. However, unlike individual measures, general measures and recommendations of the European Court of Human Rights are usually left out of monographic studies. The lack of general theoretical research of the latter in the aspect of human rights issues can be considered as one of the reasons for legislative regulation of the content and procedure of execution of the European Court of Human Rights judgments in cases versus Ukraine poor effectiveness. The research has been carried out on the basis of analysis of international acts on human rights and freedoms, the Constitution of Ukraine and national legislation, the legislation of foreign states; and case law (in particular, judgments of the European Court of Human Rights, the Constitutional Court of Ukraine, the Supreme Court). It has been stated that the subject matter of the research were the activities of Ukraine to improve national human rights legislation on the basis of legal standards established by the European Court of Human Rights. The dissertation aimed to study aspects of the impact of the European Court of Human Rights jurisprudence on law-making (primarily legislative) activities in Ukraine and opportunities for further improvement of national human rights legislation based on recommendations highlighted by the European Court of Human Rights in its judgments. The study was focused primarily at identifying the findings in the European Court of Human Rights judgments on the shortcomings of national human rights law and state measures to address them. The dissertation paper contains scientifically substantiated recommendations for national law-making bodies on more effective consideration of the case law of the European Court of Human Rights in order to improve national human rights legislation. The practical significance of the obtained research results is confirmed, in particular, by the fact that they can be used in the work of the Department for the Execution of Judgments of the European Court of Human Rights of the Directorate of Human Rights of the Council of Europe, the Governmentфд Commissioner for the European Court of Human Rights and the Secretariat, as well as the Committee of Medical and Pharmaceutical Law, and Bioethics of the Ukrainian National Bar Association, as evidenced by the relevant Certificates.