Shumylo M.M. Judgments of the European Court of Human Rights in the sphere of Social protection and their consequences for Ukraine
In 1950 Council of Europe adopted the Convention for the Protection of Human Rights and Fundamental Freedoms. Adoption of the Convention became a new decisive and civilizing milestone for the Roman-Germanic legal system. Its importance and impact on national legislations is unprecedented. Human Rights Index for the first time rose so high and became a guide for the future development of all European countries. On September 11, 1997 the Verkhovna Rada of Ukraine ratified the Convention.
Implementation of the Convention and the enforcement of the Court’s judgements on the territory of Ukraine are governed by the Law of Ukraine “On the enforcement of judgements and application of practice of the European Court of Human Rights.” Thus, we can say that the Convention and the practice of the European Court of Human Rights form the conventional system of human rights protection.
The article analyzes the idea of the Ministry of Justice of Moldova concerning the prosecution of domestic courts’ judges as well as the prosecutors and officials who have committed violations of individual rights, which was proven.
It is noted that recognition of all the judgments of the European Court of Human Rights to be the source of law, but not only those concerning Ukraine, i.e. to give them the status – preclusion, would contribute to the formation of Ukraine as a European state with the rule of law. Such an act would further integrate the legal system of Ukraine into the European system of values and approaches to understanding the law.
Keywords: social protection, social security, social rights, the European Court of Human Rights, the liability of judges.