Judicial precedent of the European Court of Human Rights in the legal system of Ukraine: methodological problems of interpretation

The article explores the role and significance of the case law of the European Court of Human Rights (ECtHR) in the process of transforming Ukraine’s legal system, particularly in the context of its European integration course. It is noted that ECtHR case law today serves not only as a source for interpreting the provisions of the European Convention on Human Rights (ECHR), but also as an important guideline for building the rule of law in Ukraine, strengthening the principle of the rule of law, and ensuring effective protection of human rights at the national level. The article emphasizes that ECtHR case law is gradually becoming a key instrument influencing Ukrainian legal practice; however, its interpretation and application by Ukrainian courts still face a number of serious methodological challenges. The main problems of interpreting ECtHR legal positions by Ukrainian courts are analyzed, including fragmented and formal use of Court decisions, insufficient consideration of their evolutionary nature, problems of access to high-quality translations, as well as the lack of a unified methodology and practical guidelines for judges. Particular attention is drawn to the fact that effective application of ECtHR case law requires a profound transformation of legal thinking, a move away from formalism, and active implementation of a value-based approach to the interpretation of legal norms. The relationship between the use of ECtHR case law and the promotion of the rule of law in Ukraine is revealed. It is emphasized that it is through the Court’s case law that national courts receive guidelines for developing unified and predictable judicial practice, monitoring the quality of legislation, and ensuring effective mechanisms for the protection of human rights. The conclusion is drawn that the integration of ECtHR case law into Ukraine’s legal system is not a one-time act, but an ongoing process that requires systematic efforts from all actors in the legal system, including judges, legislators, educational institutions, and the legal community. Finally, the article outlines key directions for improving the methodology of interpreting and applying ECtHR case law in Ukraine: the creation of a unified platform for working with the Court’s case law, ensuring high-quality translations of decisions, developing a system of training and professional development for judges, updating legal education, and fostering a new legal culture of respect for European standards of justice.