Open AccessThe Impact of the ECHR and the Case law of the ECtHR on Civil Procedure in Ukraine
Author(s) -
В.В. Комаров,
Tetiana Tsuvina
Publication year - 2021
Publication title -
access to justice in eastern europe
Language(s) - English
Resource type - Journals
eISSN - 2663-0583
pISSN - 2663-0575
DOI - 10.33327/ajee-18-4.1-a000047
Subject(s) - law , human rights , political science , right to a fair trial , common law , legislation , convention , civil law (civil law) , civil procedure , sources of law , public law
The article addresses the impact of the ECHR and the case law of the ECtHRon civil procedure in Ukraine. In the context of the provisions of national legislationand judicial practice, the authors analyse the areas of the harmonization of nationallegislation with the requirements of the ECHR and the practice of the ECtHR in lightof the 2016 constitutional reform of justice and the new edition of the Civil Procedure Code ofUkraine. Special attention is paid to the embodiment of the rule of law principle during a trial incivil cases and the implementation of international standards of the right to a fair trial (para. 1Art. 6 of the ECHR). From the point of view of institutional interaction between the ECtHRand national courts, the procedures of pilot judgments, the review of the case in exceptionalcircumstances was analysed.Keywords: Convention for the Protection of Human Rights and Fundamental Freedoms,European Court of Human Rights, right to a fair trial, rule of law, pilot judgment, review of thecase in exceptional circumstances, Ukraine.