The thesis provides a general description of the implementation of the doctrines of the European Court of Human Rights into national criminal and procedural law. It is indicated that the European integration vector of the Ukrainian society development requires the introduction of legal provisions of the Western legal tradition into the national legal system, in particular, of those formed in the
practice of the European Court of Human Rights (as one of the effecient international institutional mechanisms for emplementing human rights). It is substantiated that the complex epistemology of this problem did not become the object of the domestic legal doctrine intention, that, however, formulated the propaedeutic basis of such knowledge.
The author suggested a source base for knowledge of the implementation of the doctrines of the European Court of Human Rights into the criminal and procedural legislation of Ukraine. By the subject of epistemology, it is expedient to classify them into the following groups: 1) scientific studies, the subject of epistemology of which are the organizational and legal aspects of functioning of
the European Court of Human Rights (allow to form a comprehensive vision of the functions and the mission of the Strasbourg court); 2) scientific studies, the subject of epistemology of which is the practice of the European Court of Human Rights (cover certain aspects of the doctrines formed by the Strasbourg Court, and also contain an analysis of the implementation of relevant legal provisions into the national legal system); 3) scientific research, the subject of which is knowledge of individual doctrine (concept), that are either formed in the practice of the European Court of Human Rights, or have acquired further development in this practice.
It was determined that the methodological basis of the dissertation study includes the following propaedeutic provisions: first, the legal nature of the European Court of Human Rights; secondly, the type of legal understanding due to the immanence of social culture to law (law is an element of culture of the respective society, and therefore, its content is related to the axiosphere of society).
The complex legal nature of the studied phenomenon necessitates the use of a comprehensive methodological complex for its coverage including a number of methodological approaches and methods, namely: axiological, hermeneutic, and systemic approaches, as well as the content analysis and comparative method.
It was established that the judicial doctrine is one of the means of making judicial decisions by the Strasbourg Court. The relationship between the practice of the European Court of Human Rights and the judicial doctrine has an immanent dialectical relationship: first, judicial doctrines are applied, therefore, the doctrine forms the Court’s practice; secondly, it is court practice by means of which the
judicial doctrine is formed (the former is a means of objectifying and formalizing of the latter).
The author’s definition of judicial doctrine, under which it is suggested to understand a system of ideas in the form of concepts, theories, principles, and legal provisions, formed by the European Court of Human Rights or applied by it when deciding a case and which determine the requirements for the judicial process in general or for the resolution of individual issues of a trial, and application of certain legal norms has been formulated. The immanence of the binary dialectical relationship between the judicial doctrine and the practice of the Strasbourg Court (the doctrine forms the practice of the Court; the practice of the court is a means of objectifying and formalizing of the doctrine) is determined.
Emphasis is placed on the fact that the fulfillment of the instrumental function of the European Court of Human Rights by judicial doctrines is a factor in their epistemology for proper implementation into the national criminal and procedural legislation in order to fulfill the legislative prescription on the immanence of a source of law to the Court’s practice.
The expediency of the doctrines typology formed by the European Court of Human Rights in the field of criminal and procedural law is substantiated, based on the criterion of the scope of the object of the extension of the provisions of the judicial doctrine to criminal and procedural relations, distingushing a) judicial doctrines determining the general requirements for criminal proceedings; b)
judicial doctrines aimed at solving certain issues of criminal proceedings.
It has been established that among the doctrines determining the general requirements for criminal proceedings, the European Court of Human Rights most often refers to the doctrine of the “fourth instance” (conditions the legal nature of the decision of the national court for its assessment by the European Court of Human Rights and the significance of the decision of the Strasbourg Court in
criminal proceedings)
