The present article provides an analysis of the impact of the judgments of the European Court of Human Rights on the use of Georgian civil procedural norms and their relation to the imperative of ensuring the effective realization of the right to a fair trial. In the modern legal sphere, the increasing number of civil disputes and the demand for effective administration of justice create the need to strengthen procedural guarantees. Civil proceedings, as a mechanism for the protection of violated or disputed rights, require not only a formally sound normative framework, but also the use of legal norms in accordance with international standards. In this context, the case-law of the European Court of Human Rights is of particular importance. The article examines the legal nature of the judgments of the European Court of Human Rights, their binding force and "erga omnes" effect, as well as their role in shaping national judicial practice. Particular attention is paid to the use of Article 78 of the Civil Procedure Code of Georgia in relation to the institution of public notice, and to the case of Gakharia v. Georgia, which had a significant impact on the interpretation of procedural norms and the transformation of judicial practice. The research demonstrates that the judgments of the European Court of Human Rights are not limited to the finding of an individual violation, but establish systemic standards that ensure the practical and effective protection of the equality of parties, the principle of adversarial, and the right to a fair trial. The paper argues that the implementation of Convention standards constitutes not only an international obligation, but also a mechanism for improving the quality of national civil proceedings. In the research process, the methods of analysis and synthesis, logical analysis, and comparative legal analysis were used.
Robizon et al. (Tue,) studied this question.