Open AccessProblems of execution of echr decisions in ukraine and ways to overcome them on the example of the federative republic of Germany
Author(s) -
С.Р. Асірян,
Ю.В. Милоненкo,
В.В. Приліпко
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.63.54
Subject(s) - convention , human rights , appeal , enforcement , legislation , law , political science , normative , european union , liability , business , international trade
The article examines the history of the formation of the European Union, the adoption of the European Convention on Human Rights. The mechanism of protection of the main convention provisions, history and significance of its origin are analyzed. The authors conclude that the ECHR was originally a flexible catalog of universal human rights, most of which were declarative in nature, as they did not provide for a procedure to protect the implementation of substantive rules, but in developing this document the European Community the right of citizens to appeal against violations of their convention rights. It is for the practical implementation of the protection of convention provisions that a unique judicial body was created - the European Court of Human Rights. The main problems in the implementation of ECHR decisions at the international and national levels are investigated. The normative procedure of execution of ECtHR decisions under the legislation of Germany and Ukraine is compared.
It is proposed to amend Art. 8 of the Law of Ukraine "On Enforcement of Judgments and Application of the Case Law of the European Court of Human Rights", and to reduce the total duration of enforcement proceedings against ECHR decisions from three to one month in order to ensure effective enforcement of judgments. In addition, a mechanism for the prompt implementation of measures of a general nature should be developed to ensure compliance with the provisions of the Convention at the level of national legislation.
In addition, it is proposed to introduce disciplinary and administrative liability for non-compliance, improper enforcement or in any way obstructing the enforcement of ECHR decisions by public authorities and officials, as well as the establishment of an obligation to compensate for delays in delaying enforcement. In order to ensure the autonomy of the execution of ECtHR decisions in Ukraine, it is proposed to create a special state budget fund whose purpose will be to ensure the execution of decisions of the European Court of Human Rights.