The article is devoted to the study of the role and place of the European Court of Human Rights (ECHR) practice within the system of sources of labor law in Ukraine. In the context of Ukraine’s integration into the European legal space and the ratification of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, ECHR rulings gain particular significance as a tool for harmonizing national legislation with international standards. The purpose of the study is to analyze the precedent nature of ECHR decisions, their impact on the regulation of labor relations, and the degree of their integration into the Ukrainian legal system. The paper examines key aspects related to the legal nature of ECHR rulings, particularly their place within the Romano-Germanic legal tradition, where precedent law is not a traditional source. It analyzes the influence of ECHR decisions on Ukrainian labor legislation, especially in areas such as protection against discrimination, the right to strike, and the fair resolution of labor disputes. Special attention is paid to precedents such as the cases of “Demir and Baykara v. Turkey” (2008) and “Wilson, National Union of Journalists and Others v. the United Kingdom” (2002), which have shaped standards for protecting labor rights. The study also explores challenges in applying ECHR practice in Ukraine, including conflicts with national legislation, the lack of a unified interpretation methodology, and issues arising from the ongoing martial law. Based on the analysis, the conclusion is drawn that ECHR practice serves as a significant source of labor law, contributing to the improvement of legal protection for employees. However, for its full integration, it is necessary to develop clear mechanisms for implementation, harmonize the Labor Code of Ukraine with European standards, and ensure access to justice during crisis situations. The research findings may be valuable for lawmakers, judges, and legal practitioners working in the field of labor law. Moreover, in the context of the growing influence of international law on national legal systems, it is appropriate to consider the case law of the ECtHR not only as a guideline but as a mandatory component of legal enforcement in the field of labor relations. Its effective implementation requires not only formal recognition but also proper training of the judiciary, legal professionals, and employers’ representatives in the interpretation of ECtHR rulings. It is equally important to stimulate academic and legal discourse on the prospects for incorporating European legal standards into domestic labor legislation, which would contribute to the development of a democratic rule-of-law state. In times of transformation and war, the application of ECtHR practice becomes even more critical as a means of ensuring a balance between workers’ rights and public interests.
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А.В. Андрушко
D. I. Bodnarchuk
Uzhhorod National University Herald Series Law
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Андрушко et al. (Tue,) studied this question.
www.synapsesocial.com/papers/68a36dd90a429f7973330f24 — DOI: https://doi.org/10.24144/2307-3322.2025.89.2.13
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