The European Convention on Human Rights was ratified by Ukraine on July 17, 1997 (N 475/97-BP) and entered into force for Ukraine on September 11, 1997. Thus, the Convention has become part of national legislation and is subject to application.

The relationship between international and national law in the legal order of Ukraine, the practice of applying international agreements testifies to the embodiment of the principle of the primacy of international law. This is explained by the adoption of a number of decisions by the courts of first and appellate instances and their final proof by the Supreme Tribunal.

Having ratified the Convention for the Protection of Human Rights and Fundamental Freedoms and regulated at the legislative level the practice of implementing decisions of the ECHR with a separate Law of Ukraine “On the execution of decisions and application of the practice of the European Court of Human Rights” (hereinafter referred to as the Law), Ukraine has come closer to creating a uniform judicial practice consistent with European legal system in similar legal relations.

According to Art. 9 of the Constitution of Ukraine, the Convention and its protocols are part of the national legislation of Ukraine as a valid international treaty, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine.

Ukraine, having agreed to be bound by an international treaty, undertakes to act in such a way as not to deprive it of its purpose and make it impossible to implement. Therefore, both the ratified Convention and the practice of the ECHR in accordance with the above Law for Ukraine are sources of law and are mandatory for application.

If we analyze Art. 1 “On the implementation of decisions and application of the practice of the European Court of Human Rights”, then by the practice of the Court the law understands all the practice of the ECHR without exception.

Consequently, Ukraine, represented by its relevant authorities, must apply the entire practice of the ECHR, using the relevant norms of the Convention together with the decisions of the ECHR, in which the Court interprets its provisions.

Article 17 of the Law of Ukraine “On the execution of decisions and application of the practice of the European Court of Human Rights” establishes that when considering cases, courts apply the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and the practice of the European Court, that is, judges are obliged to apply decisions of the European Court of Human Rights » as a source of law at all stages of production on a par with the laws of Ukraine and by-laws.

Unlawful abrogation of human rights is not permitted

In addition, Ukrainian state officials and courts do not apply the direct rule of law specified in Article 22 of the Constitution of Ukraine, which establishes that constitutional rights and freedoms are guaranteed and cannot be revoked. When adopting new laws or amending existing laws, it is not permitted to narrow the content and scope of existing rights and freedoms.
Moreover, it is not allowed to narrow the content and scope of existing rights and freedoms when adopting government regulations.

In accordance with the current legislation of Ukraine, it is impossible to amend the legislation and establish additional restrictions for citizens to freely leave the country and not be called up during mobilization than those previously established in the law.