Ensuring the relevant application of the practice of the European Court of Human Rights during the administration of justice

The article reveals the features of ensuring the relevant application of the practice of the European Court of Human Rights (ECHR) in the administration of justice in Ukraine. It is emphasized that the effective use of the legal positions of the ECHR is an important condition for harmonizing national judicial practice with European human rights standards and ensuring an adequate level of legal protection. Despite the fact that the positions of the ECHR are officially recognized as a source of law in Ukraine, their practical application remains ineffective and inconsistent. The reasons for this are several legal, organizational, institutional, technological, and methodological problems, which together lead to the de facto leveling of the Court’s decisions in domestic law enforcement. One consequence is the irrelevant application of ECHR decisions in judicial decisions. This is manifested in the formal reference to decisions without a deep analysis of their content, establishing an analogy with a specific case, or taking into account the specifics of the legal issue. The article emphasizes that the ECHR precedents must be applied in a relevant manner – taking into account the circumstances of the case, legal similarities, and the development of the interpretation of the provisions of the Convention. Otherwise, this not only causes legal errors but also undermines confidence in the national judiciary and the authority of the ECHR. The relevance of the Court’s case law remains a key problem in the application of the law. Judges sometimes choose decisions that are not related to the legal nature of the dispute, which indicates insufficient methodological training and the absence of uniform standards. It is argued that the use of the ECHR case law is justified only if it is consciously and critically selected, taking into account all relevant criteria. Formal citation without connection to the circumstances of the case does not correspond to either the spirit of the Convention or the principles of justice. Thus, the need to strengthen the quality of judicial decisions is emphasized by introducing methodological approaches to the relevant analysis of the ECHR practice, improving the training of judges, creating uniform recommendations or standards for the use of case law, and enhancing the role of the legal opinions of the Supreme Court as a coordinating institution in this process.