PROPOSALS FOR THE IMPLEMENTATION OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS TO THE INSTITUTIONS OF THE SPECIAL PART OF THE CRIMINAL CODE OF UKRAINE

Abstract

The implementation of European Court of Human Rights (ECtHR) decisions into the institutions of the Special Part of the Criminal Code of Ukraine holds paramount importance in upholding human rights standards and strengthening the country’s commitment to international legal obligations. This article puts forward recommendations for aligning national legislation with ECtHR rulings, emphasizing the need for a comprehensive approach to ensure congruence between domestic laws and international human rights principles. The proposed measures encompass amending relevant laws to incorporate ECtHR judgments, fostering a legal environment that safeguards individuals’ rights in accordance with international norms. By integrating ECtHR decisions into the Special Part of the Criminal Code, the article advocates for bolstering the protection of fundamental freedoms and ensuring justice for all citizens, thus contributing to the enhancement of the overall legal landscape in Ukraine. However, the process of implementation is not devoid of challenges. The article scrutinizes potential hurdles arising from reconciling national sovereignty with international standards and delves into the intricacies of harmonizing legal interpretations. Moreover, it underscores the significance of addressing these challenges with prudence, aiming for a balanced approach that respects both national autonomy and the imperative to adhere to human rights principles. In conclusion, the proposed measures for implementing ECtHR decisions into the Special Part of the Criminal Code are instrumental in fortifying human rights protection in Ukraine. By embracing these recommendations, the nation can elevate its legal system to a higher standard, amplifying its commitment to human rights and the rule of law. This symbiotic relationship between national legislation and international jurisprudence is poised to foster a more just and rightsrespecting society, ultimately benefiting all citizens of Ukraine.