Practice of the european court of human rights as a factor in the development of private law

Abstract

The article examines the case law of the European Court of Human Rights (hereinafter referred to as the ECHR) as an important factor in the development of private law in the national legal systems of the member states of the Council of Europe. Particular attention is paid to the analysis of the decisions of the ECHR, which have a systemic impact on the improvement of legal mechanisms for the protection of rights in the field of private law relations. The expediency of using the construction “case law of the European Court of Human Rights”, which has already been implemented in legislation of Ukraine (Civil Procedure Code, Commercial Procedure Code, Code of Administrative Procedure, Law of Ukraine “On the Execution of Decisions and Application of the Practice of the European Court of Human Rights”) is substantiated, which emphasizes the normative legitimacy of such an approach. Changing the focus from “civil law” to the broader concept of “private law” allows expanding specialization, also covering aspects of economic, family and other related areas. The paper highlights the key areas of influence of the ECHR practice on law enforcement in matters of property rights protection, access to justice, fair trial and effective enforcement of court decisions. It also examines the problems of implementing ECHR decisions into the legal practice of Ukraine, conflicts between national and international law, as well as the role of the Court in forming a balance between public and private interests. In conclusion, the importance of the ECHR practice as a factor in the evolution of the doctrine of private law and the unification of European standards of human rights protection is emphasized.