Darmin M. Implementation of the European Court of Human Rights’ Judgements in Ukraine and in foreign countries: constitutional study

The research solves the scientific task of conducting a constitutional and comparative study of the implementation of the European Court of Human Rights’s judgements in Ukraine and in foreign countries (based on the materials of the French Republic and the Republic of Azerbaijan). Among the generalizations, final provisions, conclusions, recommendations and proposals, the following are of the most important research and practical importance: It is justified that the experience of the French Republic regarding the constitutional regulation of the implementation of the ECtHR judgements is of interest to Ukraine because: a) the countries have a similar form of state; b) The French Republic is one of the few Western European countries that has not ratified the 1950 Convention for a long time; c) The French Republic is a member of the European Union, and Ukraine's European integration aspirations are obvious; d) in the Guide to the best practical examples of the implementation of the Recommendations CM/Rec (2008)2 of the Committee of Ministers to the member states on the effective implementation of the judgments of the Court by the member countries of the Council of Europe, the experience of the French Republic is mentioned more than 20 times (the experience of Ukraine is cited 2 times). It is substantiated that the experience of the Republic of Azerbaijan regarding the constitutional regulation of the implementation of the ECtHR judgements is of interest to Ukraine because: a) the Republic of Azerbaijan - like Ukraine - has a number of quite significant problems with the implementation of the ECtHR judgements, as evidenced by the statistical generalizations carried out by the authorities Council of Europe (taking into account the difference in population); b) as a former union republic of the USSR, Azerbaijan has a common historical past with Ukraine. It has been established that there are currently no relevant comparative studies in the Ukrainian constitutional and legal literature. The proposal to unify the thesaurus of the bodies of the Council of Europe and the Law of Ukraine dated February 23, 2006 "On the implementation of decisions and application of the practice of the European Court of Human Rights" when it comes to decisions of the ECtHR received further argumentation. This thesis is justified by: a) the existence of a significant difference between the content of ECtHR decisions and ECtHR judgements - in fact, decisions do not need to be implemented at the state level; b) the importance of pilot judgements for Ukraine and the simultaneous absence of such documents as "pilot decisions"; c) simplifying the reception of foreign experience in the implementation of judgements in the case of the presence of the same thesaurus. In relation to the legislation and legal literature of the Republic of Azerbaijan, the same terminological problem with the use of the concepts of "decision" and "judgements" was noted, as in Ukrainian legislation and legal literature. It was established that this problem does not exist in the French Republic; it is assumed that this is because French is one of the official languages of the Council of Europe.