In attempts to improve the existing judicial system and process, the legislature often proceeds from a specific problem without realising possible adverse implications of amendments proposed for the overall pattern. However, as far back as in 2006 Ukraine launched a mechanism to adopt best concepts and rules of fair trial and even to prevent the occurrence of problems in practice.

For example, Act No. 3477-IV on Enforcement of Judgments and Application of Case Law of the European Court of Human Rights requires that the Ukrainian government authorities respond to legal precedents set by the ECHR.

In accordance with the Act, the enforcement of a judgment of this institution in Ukraine involves not only paying compensation to the judgment creditor and taking other individual measures following the loss of the case, but also the possible undertaking of certain general actions.

Such actions aiming to remedy system problems identified by the Strasbourg court and to eliminate their root causes should include, inter alia, the making of amendments to applicable law and its administration practice, and the ensuring of legal review of draft Acts.

In view of the above, one can prepare a list of the 2018 ECHR judgments that are of landmark nature for the Ukrainian legal process. The judgments in questions contain legal opinions pointing to a true European development path for the Ukrainian legislation.

To learn more, please read the entire article authored by Oleksandr Drozdov, advocate, President of the Union of Advocates of Ukraine, PhD in laws, for Law & Business newspaper.