Case Law and Judicial Lawmaking in the Law Enforcement Process of Ukraine and the European Court of Human Rights

Abstract

The article examines the concept of case law and judicial lawmaking as integral elements of the law enforcement process in Ukraine and the case law of the European Court of Human Rights. The importance of judicial precedent as a source of law, its role in the formation of legal norms, as well as the influence of judicial practice on the development of legislation are analyzed. Particular attention is paid to the interaction of the national judicial system with ECHR judgments, their legal nature, implementation in the legal system of Ukraine and ensuring the unity of judicial practice. The specifics of the mechanisms of application of judicial precedent in administrative, criminal, and civil proceedings in Ukraine are considered. The problems and prospects of adaptation of case law in the context of ongoing legal reform are identified. The issues of normative consolidation of judicial lawmaking, its impact on judicial independence, and ensuring the rule of law are also represented. Attention is focused on the need to improve the mechanisms for the implementation of court decisions of the ECHR, which will contribute to strengthening legal guarantees for citizens of Ukraine.