In this article it is analyzed the possibilities to the decisionse of the European Court on Human Rights against Ukraine, in which it points out that certain disadvantages national legislation have been the reason for violations of Conventional rights, have influence on national legal system. The classification of such decisions on the following four criteria: content of the Conventional rights that have to be provided with effective legal norms; these types of flaws; verbal form of ECH R conclusions’ expression about the shortcomings of legal safeguards treaty rights; sectorial distribution of identified deficiencies ECH R national law within the law system of Ukraine, has been provided. It is concluded that such ECH R rulings can be considered fully met
if Ukraine not only paid fair compensation to the applicant, but also eliminated the mentioned legal defects. The abovementioned results we committed by legal and statistical analysis of ECH R judgments, which were noted legal causes of Conventional rights’ and freedoms in Ukraine violations can serve as a meaningful guidelines to improve the efficiency of legal means to ensure and protect the rights and freedoms of human and citizen in Ukraine. In particular, special attention should probably be paid to the elimination of gaps in the legislative inurement of human that are directly pointed by ECH R in its decisions. For more complete and concrete results of the research and its practical significance improvement, advisable to identify the proportion of those with these deficiencies ECH R Ukrainian legislation, which, after the entry into force of the relevant decisions of the ECH R were somehow resolved through the mediation of legislative activity. And the last one statement. In clarifying the status of the ECH R judgments, which are his comments on the shortcomings of national legislation as causes of violations of Convention rights, should certainly examine whether the state eliminated the following disadvantages. As long as this is not done, the relevant decision of the ECH R to be completely satisfied unlikely to be justified. So important proposals subject expertise with the Convention and the ECH R practice not only certain projects of legal acts, and even draft laws of Ukraine.
Keywords: European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human Rights, legislative guarantees of conventional rights, legal advocacy defects