Zavgorodnii V. Practice of the European Court of Human Rights and its impact on legal activities in Ukraine (theoretical and legal analysis)

The scientific work deals with the study of the practice of the European Court of Human Rights as a complex legal phenomenon, as well as the peculiarities of its impact on legally significant activities in Ukraine. The author has clarified the state of scientific research of the practice of the European Court of Human Rights, as well as its impact on legal activity in Ukraine. In particular, the stages of research on this issue, the source base, little-studied and unexplored issues on the subject of scientific research have been identified. The structure of the methodology of knowledge of the practice of the Court of Council of Europe and its impact on national legal activity have been substantiated. The general theoretical description of the practice of the Strasbourg court as a phenomenon of legal reality has been made. In particular, the author's has grounded his own approach to understanding the practice of the European Court of Human Rights as a summative entity, the structure of which consists of the Strasbourg Court, which reflects the phenomenon under study, as well as the results of this activity (decisions) and the experience of the Council of Europe (static elements). The essential features of the category of the same name have been singled out, among which special attention has been paid to precedent and originality. The author has described the legal nature of the decisions of the European Court of Human Rights as a specific concept that reflects the following results of the will of the Court of the Council of Europe: 1) decisions; 2) judgments; 3) advisory opinions. The need to supplement the existing classification of legal acts of the Strasbourg Court with new criteria has been substantiated. The author has found that the main directions of influence of judgments of the Court of the Council of Europe on legal awareness and behavior of actors of legal activity in Ukraine are the following functions: information; reflection of the legal positions of the Court of Justice of the Council of Europe; alarm; legal education; regulatory; law enforcement; security; improving national legal activities for the protection of human rights. The notion of a separate opinion of a judge of the European Court of Human Rights as an element of its practice has been formulated. Its role has been clarified, as well as its significance for legal doctrine and legal practice, which is manifested in its functions. The author's definition of the concept of the mechanism of implementation of the European Court of Human Rights judgments in the national legal system has been substantiated, and the structure of this phenomenon of legal reality, the components of which are: normative, institutional, functional, communicative and ideological subsystems. A particular attention has been paid to such elements of the mechanism of implementation of the judgments of the Strasbourg court in the national legal system as individual and general measures taken by the state to fulfill its international obligations. The paper contains the definition of the category of influence of the practice of the European Court of Human Rights on legal activity in Ukraine. The author has substantiated the thesis about the multifaceted nature of such influence, which is manifested in information-psychological, social-legal, security and regulatory action. Definitions of the concepts reflecting influence of practice of the Strasbourg court on theoretical and practical legal activity in Ukraine have been offered, namely: influence of practice of the European court of human rights on legal science; the impact of the practice of the Council of Europe on legal education; the impact of the practice of the Strasbourg court on lawmaking; the impact of the practice of the European Court of Human Rights on official legal interpretation; the impact of the practice of the Council of Europe on law enforcement.