Comparative analysis of the practice of implementing decisions of the Constitutional Court of Ukraine and the European Court of Human Rights

The study is aimed at a comparative analysis of the practice of implementing decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, determining their legal nature, implementation mechanisms, and the development of recommendations for improving this process. The author analyzes the legal nature and implementation mechanisms of decisions of both courts, identifying common and distinctive features. Key aspects of the decisions of the Constitutional Court of Ukraine are revealed, which determine their binding nature and significance for shaping judicial practice and constitutional order, contributing to the improvement of mechanisms for protecting human rights and ensuring the stability and effectiveness of the legal system. The author identifies the direct effect of decisions of the Constitutional Court of Ukraine in accordance with the Constitution of Ukraine, which ensures their implementation without additional formalities. Emphasis is placed on the need to create appropriate mechanisms to ensure the implementation of judicial decisions and access to them for all interested parties. The article examines the positive obligation of the state to ensure the implementation of judicial decisions and the necessity of introducing effective mechanisms for this. The author argues that restricting access of individuals to the system of implementation of judicial decisions and imposing additional conditions or obstacles is unacceptable. It is noted that the implementation of decisions of the Constitutional Court of Ukraine is crucial for legal stability, protection of rights and freedoms of citizens, and trust in the judicial system. The essence and binding nature of decisions of the European Court of Human Rights for member countries are highlighted in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the implementation of these decisions is not only an international legal obligation of the state but also a part of the national legal order, guaranteeing effective protection of the rights of citizens and maintaining trust in the judicial system. Mechanisms for monitoring the implementation of decisions of the Constitutional Court of Ukraine and the European Court of Human Rights are disclosed, which contribute to identifying shortcomings in legal practice and legislation. The author points out the need to create effective mechanisms to ensure the implementation of judicial decisions and access to them for all interested parties, which is an important aspect of ensuring the rule of law and legal stability in Ukraine.