Article 55 of the Constitution of Ukraine stipulates that human and civil rights and freedoms shall be protected by court; after exhausting all domestic legal instruments, everyone shall have the right to appeal for the protection of his/her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organizations of which Ukraine is a member or participant.

In this aspect, ensuring of human rights is a priority goal of the State policy which is implemented, in particular, through the national mechanisms of human rights, and after their use – by appealing to the relevant international bodies or institutions.

As an independent judicial body, the European Court of Human Rights (ECHR), at the supranational level, monitors compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) by the States which have ratified it, including Ukraine, which, having ratified the Convention and its protocols, has primarily assumed the obligation to guarantee the rights and freedoms established by these international instruments to everyone under its jurisdiction.

Today, Ukraine takes the lead among the countries participating in the Convention in terms of the number of appeals to the ECHR, and this is conclusive evidence that this Court’s case law has special importance in forming of an effective system for the protection of the rights of individuals and legal entities in Ukraine.

The author analyzed a number of ECHR judgments against Ukraine in cases relating to relations under land law, with the aim of highlighting the most common violations of the provisions of the Convention and the First Protocol by the State of Ukraine in the context of land dispute resolution, in particular, so that the judicial authorities of our State can further prevent such violations and protect human rights and fundamental freedoms as appropriate.

The author concludes that the ECHR case law is a source of land law established, in particular, at the legislative level, and therefore, courts should apply the judgments delivered by this Court when considering cases related to disputes arising from relations under land law.

Bibliography

Journal articles

1. Kahanovska T ta Pakhomova I, ‘Zastosuvanniapraktyky Yevropeyskohosudu z pravliudyny’ [‘Application of Case Law of the European Court of Human Rights’] (2018) 26 Visnyk Kharkivskogo natsionalnoho universytetu imeni V. N. Karazina (in Ukrainian).

2. Kovalenko T ‘Praktyka Yevropeyskoho sudu z prav liudyny yak dzherelo zemelnoho prava Ukrainy’ [‘Case Law of the European Court of Human Rights as a Source of Land Law in Ukraine’] (2016) 11–12 Yurydychna Ukraina (in Ukrainian).