Rule of law and the ECTHR practice in Ukraine: problems of legal interpretation and application in judicial practice

The article examines the impact of the case law of the European Court of Human Rights (ECtHR) on the development of the rule of law standards in Ukraine’s legal system. It analyses how the Court’s practice contributes to shaping a legal culture focused on the effective protection of human rights and freedoms, and how the implementation of ECtHR standards strengthens the rule of law at various levels of legal application. Special attention is paid to the problems of legal interpretation of ECtHR judgments by Ukrainian courts, their inconsistent application, and the challenges arising in this context. The rule of law is considered in the article not merely as a general constitutional principle but as a dynamic process evolving under the influence of European standards. It is emphasized that ECtHR case law plays a significant role in giving real substance to this principle, particularly by shaping requirements for legal certainty, proportionality of interference with human rights, effective legal protection, and fair trial standards. The article provides an in-depth analysis of the key problems faced by the national judiciary when interpreting and applying ECtHR judgments. These problems include a fragmented approach to the use of the Court’s case law, the absence of a unified methodology for its analysis, language barriers, and an insufficient level of legal culture among judges. It is noted that the practice of applying ECtHR case law in the courts of first and appellate instances in Ukraine remains uneven and requires further improvement. At the same time, positive trends are identified: growing interest among judges in using ECtHR case law, the active role of the Supreme Court of Ukraine in developing methodological guidance, and the efforts of the National School of Judges in training legal professionals in ECtHR standards. The importance of creating a unified digital platform for working with the Court’s case law, developing clear methodological recommendations, and adopting a systematic approach to training judges and legal practitioners in handling ECtHR judgments is emphasized. The article concludes that the further effective use of ECtHR case law by Ukrainian courts is a key condition for the development of the rule of law in Ukraine. Integrating European standards into national legal practice will not only enhance the protection of human rights but also strengthen the rule of law as a genuine guiding principle shaping the content and practice of Ukraine’s legal system