Qualifying Scientific Work, manuscript copyright.
Dissertation for obtaining a scientific degree of the doctor of philosophy in the field of study 08 "Law", specialty 081 "Law". - National University "Odessa Law Academy", Odessa, 2021.
The dissertation is the first comprehensive monographic study of the application of the European Court of Human Rights (ECtHR) judgments by the Constitutional Court of Ukraine (CCU) in its interpretational activity. The research conducted by the author has made it possible to substantiate and formulate a number of new scientific provisions and practical recommendations for the application by the Constitutional Court of Ukraine of judgments of the European Court of Human Rights in the implementation of interpretive activities. The author has proposed the periodization of the development of interpretational activity of the Constitutional Court of Ukraine in theory and practice and distinguishes four periods: prehistory - until October 1990; formation - from 24.10.1990 to 16.10.1996; development - from 16.10.1996 to 13.07.2017; improvement - the modern period, which begins on 13.07.2017 and continues to this day.
It has been concluded that the interpretational activity of the Constitutional Court of Ukraine is broader than providing an official interpretation of the Constitution of Ukraine; it also includes interpretation during the constitutional review of regulations, public (domestic and international) treaties (and during the consideration of constitutional complaints).
The dissertation has revealed the role of the judgments of European Court of Human Rights as a source of constitutional law of Ukraine, which has a complex nature, combining the properties of both an interpretative act and judicial precedent not only in relation to Ukraine but also regarding all contracting parties to the ECHR.
The principles of application of ECtHR judgments by the CCU are proposed to be understood as the basic principles and imperative, stable ideas used by judges of the Constitutional Court of Ukraine in applying judgments of the ECtHR in the process of CCU interpretational activity. The general principles of applying Judgments of the ECtHR in interpretational activity include: the rule of law, legal certainty, rule of constitution, dynamic interpretation, justice, the direct effect of rights and freedoms and the principle of binding law (principle of self-limitation of the Constitutional Court of Ukraine). The special principles of application of ECHR judgments in interpretive activities include the principle of friendly attitude to international law, the principle of subsidiarity of judgments of the ECtHR, "appropriateness" of application of ECtHR decisions in its interpretational activity and the principle of "autonomy" of interpretation of ECtHR decisions.
It has been substantiated that a judgment of the European Court of Human Rights is a source of constitutional law of Ukraine, which has a complex nature, combining the properties of both legal interpretation and judicial precedent, while not only judgments of the European Court on Ukraine, but also in relation to all contracting parties to the ECHR.
It has been established that the choice of the method of application of the judgments of the ECtHR of the CCU in its interpretational activity determines the quality of the interpretation obtained as a result. The most expedient, and in terms of legal technique and accessibility in order to understand the text of the judgment, is a casuistic and meaningful way to use the judgments of the European Court of Human Rights by the CCU to implement interpretative activities. It is proposed to develop and normatively enshrine the rules of application by the Constitutional Court of Ukraine of the European Court of Human Rights decisions by supplementing the Law of Ukraine "On the Constitutional Court of Ukraine" with the norm requiring the continuous professional development of the judges. The training program should include topics related to the legal technique of application of ECtHR decisions, acquaintance with the relevant practice of the ECtHR concerning the division into subtopics under the ECHR articles, exchange of experience with ECtHR and foreign judges. It is proposed to delegate the organization of such exercises to the National School of Judges of Ukraine, as this institution has the appropriate experience and resources.
