Application of the case law of the European Court of Human Rights in economic litigation

Abstract

The article analyzes the application of the case law of the European Court of Human Rights in economic litigation. The need to apply European and world standards in Ukrainian legislation, as well as to use in Ukraine the provisions that have existed for some time in European legislation, is one of the important steps to achieve the efficiency of the judiciary.
The author writes that the nature of the European Court of Human Rights as a court is twofold: individual control in the case of decisions on violations of a right by a state party to the Convention for the Protection of Human Rights and Fundamental Freedoms; development of human rights principles and standards that will have a European integration character. Decisions of the European Court of Human Rights are special because they affect not only universal international judicial standards, but also the formation of national standards. The case law of the European Court of Human Rights is considered as a source of law in Ukraine, which should be understood as a set of court decisions on certain issues used in cases in economic courts. The application of the case law of the European Court of Human Rights is aimed at maintaining the authority of economic justice as an efficient and fair system of justice that meets international standards.
It is noted that in resolving commercial disputes, courts have become more likely to apply judicial precedent, ie it is possible to state the beginning of the development of national legislation under the influence of the Convention for the Protection of Human Rights and Fundamental Freedoms and judicial acts of the European Court of Human Rights. Judicial acts of the European Court of Human Rights are an official form of interpretation of the provisions of the Convention, which is part of Ukrainian law, and thus a source of law enforcement. That is, the analysis of the development not only of law enforcement acts, but also of the entire legal system indicates the beginning of the use of a new type of sources of law in Ukraine - judicial precedent.