THE CONTROL FUNCTION AS A COMPONENT OF THE MECHANISM OF ENFORCEMENT OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS

Keywords: Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols; The European Court of Human Rights; The Committee of Ministers of the Council of Europe; the mechanism for the enforcement of the decisions of the European Court of Human Rights; control function.

Abstract

Ukraine is actively integrating into the European Union and is implementing European values on the protection of human rights and fundamental freedoms. The system of the Convention for the Protection of Human Rights and Fundamental Freedoms implements the practice of understanding and protection of human rights and fundamental freedoms in the jurisdictions of the States Parties to the Convention, helps States Parties to identify systemic issues regarding the protection of human rights and suggests ways to solution. The decisions of the European Court of Human Rights are an instrument by which the legal systems of the States Parties to the Convention implement European values ​​on the protection of human rights and fundamental freedoms enshrined in the Convention. Having effective control over the enforcement of court decisions ensures the effectiveness of the convention system. In Ukraine, the practice of applying individuals to the European Court of Human Rights has become widespread recently. The main criterion for the effectiveness of the system of the Convention for the Protection of Human Rights and Fundamental Freedoms is the enforcement of the judgments of the European Court of Human Rights. The conventional mechanism for monitoring the enforcement of judgments of the European Court of Human Rights provides for the concerted work of the European Court of Human Rights and the Committee of Ministers. The essence of the control function in the mechanism of execution of the decisions of the European Court of Human Rights under the Convention for the Protection of Human Rights and Fundamental Freedoms is analyzed in the article. For the proper implementation of the European Court of Human Rights decisions, the Convention mechanism requires the existence of an internal control mechanism for the enforcement of judgments of States Parties to the Convention. The article describes the features of this function in the mechanism of enforcement of court decisions in Ukraine. The control function in the conventional mechanism of enforcement of decisions of the European Court of Human Rights at the international and national level of the member states of the Council of Europe, in particular Ukraine, is divided. Measures are proposed to increase the efficiency and improve the control function in the mechanism of execution of decisions of the European Court of Human Rights in Ukraine, their coordination with the international control mechanism in the implementation of decisions of the European Court by the Committee of Ministers of the Council of Europe.

Published
2020-05-26