The Impact of the ECHR and the Case law of the ECtHR on Civil Procedure in Ukraine

Abstract

The article addresses the impact of the ECHR and the case law of the ECtHR on civil procedure in Ukraine. In the context of the provisions of national legislation and judicial practice, the authors analyse the areas of the harmonization of national legislation with the requirements of the ECHR and the practice of the ECtHR in light of the 2016 constitutional reform of justice and the new edition of the Civil Procedure Code of Ukraine. Special attention is paid to the embodiment of the rule of law principle during a trial in civil cases and the implementation of international standards of the right to a fair trial (para. 1 Art. 6 of the ECHR). From the point of view of institutional interaction between the ECtHR and national courts, the procedures of pilot judgments, the review of the case in exceptional circumstances was analysed.

Keywords

• convention for the protection of human rights and fundamental freedoms
• european court of human rights
• right to a fair trial
• rule of law
• pilot judgment
• review of the case in exceptional circumstances
• ukraine