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/ January 2023
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DOI: https://doi.org/10.34069/AI/2023.61.01.16
How to Cite:
Tsal-Tsalko, Y., Dryshliuk, V., Antonenko, O., Pashchenko, O., & Korshun, A. (2023). The practice of the ECtHR in economic and
civil law and process: international legal experience. Amazonia Investiga, 12(61), 155-164.
https://doi.org/10.34069/AI/2023.61.01.16
The practice of the ECtHR in economic and civil law and process:
international legal experience
Практика ЄСПЛ в господарському і цивільному праві та процесі: міжнародно-правовий досвід
Received: January 20, 2023 Accepted: February 22, 2023
Written by:
Yuliia Tsal-Tsalko70
https://orcid.org/0000-0002-4441-1309
Volodymyr Dryshliuk71
https://orcid.org/0000-0002-2274-441X
Oleksandr Antonenko72
https://orcid.org/0000-0001-7596-5841
Oleksandr Pashchenko73
https://orcid.org/0000-0002-1679-7689
Anhelina Korshun74
https://orcid.org/0000-0002-9829-9797
Abstract
The article examines the practice of the European
Court of Human Rights (hereinafter referred to as
the ECtHR) in commercial and civil law and
process, in particular, in the context of
implementing compliance in the company. In
particular, it is determined which complaints
regarding which provisions of the Convention
affect business compliance practices and which
conclusions from relevant cases the business
community implements when building a
compliance system. The article examines the
question of classifying compliance as an asset
that constitutes the company's added value,
namely, the category of "goodwill" in accordance
with the practice of the European Court of Justice
in this area. The purpose of the work is to analyze
the international legal experience of using the
practice of the ECtHR in economic and civil law
and process. The methodological basis of this
study is the following methods: methods of
analysis and synthesis, methods of induction and
deduction, the system method, structural method,
functional method, technical-dogmatic method,
special-legal method, comparative method,
70
Ph.D., Associate Professor of Department of Civil Procedure of National University «Odesa Law Academy», Ukraine.
71
Ph. D, Associate Professor, Head of the Department of Labor, Land and Commercial Law, Odessa State University of Internal
Affairs, Ukraine.
72
Ph.D. Associate Professor of the Department of Labor, Land and Commercial Law of Odessa State University of Internal Affairs,
Ukraine.
73
Ph.D. Professor at the Department of Labor, Land and Commercial Law of Odessa State University of Internal Affairs, Ukraine.
74
Postgraduate student of the Department of Economic Law and Economic Jurisdiction of the Educational and Scientific Institute of
Law of Taras Shevchenko Kyiv National University, Ukraine.
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method of legal modeling, method of analysis
and synthesis, a method of theoretical
generalization and systematization. As a result of
the study, the foreign experience of
implementing the judicial practice of the ECtHR
in economic and civil law and process was
analyzed.
Keywords: European Court of Human Rights,
precedent, decision, law enforcement,
international legal experience.
Introduction
Modern economic and civil procedural law is
developing under the influence of European
integration processes, which determine its
relationship and agreement with the principles
and norms of international law.
One of the sources of international law is the
practice of the ECtHR. Decisions of the ECtHR
affect the law enforcement activities of judicial
bodies and the practice of national courts of
individual states in resolving disputes. The
execution of decisions of the European Court of
Human Rights, taking into account their
specificity, is a specific legal institution, different
from those provided for the execution of
decisions of national courts, in connection with
this, special mechanisms for the implementation
of its decisions have been established.
With the establishment of the main foundations
of the development of the market economy and
European integration processes in Ukraine,
connected with legal reforms, the legislation of
Ukraine establishes guidelines for the application
of the provisions of the ECtHR case law. Article
17 of the Law of Ukraine "On the
Implementation of Decisions and Application of
the Practice of the European Court of Human
Rights" provides that courts apply the
Convention on the Protection of Human Rights
and Fundamental Freedoms and the practice of
the European Court of Human Rights as a source
of law when considering cases (Law 3477-Iv,
2006).
According to the Convention on the Protection of
Human Rights and Fundamental Freedoms and
the Law of Ukraine "On the Implementation of
Decisions and Application of the Practice of the
European Court of Human Rights", the following
aspects are distinguished that characterize the
specificity of the decisions of the European Court
of Human Rights:
− qualification of the Court's decision as an
executive document;
− availability of a "single window" for the
applicant to receive monetary compensation;
− the existence of a special item of state budget
expenses for the payment of monetary
compensation based on Court decisions;
− the existence of a special procedure for the
execution of the Court's decisions, which
differs from the procedure for the execution
of the decisions of national courts;
− the existence of legal responsibility for non-
execution or improper execution of the
Court's decision;
− availability of a supervisory mechanism by
the Council of Europe for the
implementation of the Court's decision;
− consideration of ECtHR decisions in
national practice (United Nations, 1950;
Law 3477-IV, 2006).
Although Ukraine has recently observed a trend
of increasing cases of courts applying general
jurisdiction in civil and commercial cases based
on the ECtHR's case law, not all countries have
established such provisions at the legislative
level. Thus, the place of the Convention in the
national legal systems of states is determined
differently, accordingly, the procedure for the
execution of ECtHR decisions is characterized
by certain features in different countries.
Therefore, there are several peculiarities in the
foreign experience of using and implementing
decisions of the ECtHR in the consideration of
court cases. These necessitates need a detailed
theoretical analysis of the legal features of the
application of ECtHR decisions during the
settlement of civil and economic cases, which
was done by the researches.
The authors also paid attention to the special
mechanisms for the implementation of the orders
of the Strasbourg Court and to the
recommendations regarding the use and
Tsal-Tsalko, Y., Dryshliuk, V., Antonenko, O., Pashchenko, O., Korshun, A. / Volume 12 - Issue 61: 155-164 / January, 2023
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justification of decisions by the courts of
different states. The mechanisms of
implementation of the provisions of decisions of
European courts in the administration of justice
by national courts are revealed in detail, attention
is paid to problematic issues, and ways of
improving the existing practice are proposed to
ensure the rule of law.
In addition to the above, the authors of the article
investigated the practice of the ECtHR in the
context of implementing compliance in the
company. It is worth emphasizing that human
rights and business are closely related, since
(1) the rights provided for by the Convention in
certain cases also apply to legal entities,
respectively – companies can apply to the
European Court of Human Rights; (2) companies
may violate the rights of employees or other
stakeholders guaranteed by the Convention. In
the second case, as in other areas, the practice of
preventing offenses through the company's
internal regulation of processes, rules and rights
of employees and other stakeholders, which is
called "compliance", is based on the formed case-
law of the ECtHR in the relevant field. As
scientists note, if stakeholders take effective
preventive measures, the likelihood of adverse
impacts and therefore the need for remedial
action is reduced. Business can relate well to the
emphasis on prevention as it allows them to be
proactive in their human rights strategy rather
than reactive to allegations of adverse impacts
over which they have little or no control. In
addition, many corporate compliance regimes
such as those concerning food safety, financial
services, human trafficking, and modern slavery
seek to protect third parties often beyond national
boundaries. This is precisely the ambition of
business and human rights, which makes the
corporate compliance function a useful tool for
implementation of business and human rights
standards (Korshun, 2022). In this context,
compliance practitioners are guided by the
experience of the ECtHR in providing
mechanisms for the functioning of the
compliance system.
Theoretical Framework or Literature Review
The specifics of the application of ECtHR
decisions in the consideration of civil cases are
discussed in the study guide by Andrusiv,
Verba-Sydor, & Verkhola (2019). In the
mentioned work, considerable awareness is
settled on the place of the ECHR and its
Protocols in the system of sources of private law
under the legislation of Ukraine, a general
description of the decisions of the ECHR is
carried out, the peculiarities of the interpretation
of the ECHR and the ECHR in deciding civil
cases are characterized, as well as the
peculiarities of the application of the practice of
the ECHR in the interpretation of general
provisions and principles of civil justice,
analyzed the right to a fair trial in the practice of
the ECtHR. Particular engagement is paid to the
civil protection of personal non-property and
other rights following the ECHR and its
Protocols, as well as the procedure for applying
and enforcing decisions of the ECHR in civil
cases.
The foreign experience of the application of
procedural means of protection of the defendant
and the possibility of its use in the civil process
of Ukraine was studied in the work of Gongalo
(2019). In particular, attention is born to the
institution of annulment in the case used in Great
Britain and other progressive possibilities of
foreign civil procedural legislation.
In the studies of Zavhorodniy (2013, 2020), the
foreign experience of implementing decisions of
the European Court of Human Rights was studied
in detail and the influence of the practice of the
European Court of Human Rights on legal
activity in Ukraine was analyzed from the point
of view of theoretical, methodological and
applied aspects. The author noted that comparing
the procedure for the implementation of ECtHR
decisions in EU countries and Ukraine, one can
see certain similar features, although each of the
considered countries is characterized by its
special approach. However, there are features
specific to the countries of the European Union
in question: a significant role in monitoring the
implementation of decisions of the ECHR of the
Constitutional Court; lack of possibility to
review decisions of national courts on
administrative or economic cases; availability of
control functions for the implementation of
ECtHR decisions in the legislative body of the
state; participation in the implementation of
ECtHR decisions by the human rights
commissioner, the general prosecutor.
The mechanism of ensuring the principle of
"reasonableness of the terms of consideration of
the case by the court" given foreign experience
and application of the practice of the ECtHR was
analyzed in the work of L. Zagorui & Zagorui I.
(2020).
Some aspects of Ukraine's implementation of
ECtHR decisions are considered in the research
of Kochura (2015). The author concluded that a
system of enforcement has been created in
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Ukraine, according to which every Decision of
the European Court of Human Rights must be
enforced by the state. Including the adoption of
the Law of Ukraine "On the Implementation of
Decisions and Application of the Practice of the
European Court of Human Rights", according to
the Court itself, is a positive experience of the
system organization at the state level in the
implementation of its decisions.
McBride (2010) explores the principles
governing the interpretation and application of
the European Convention on Human Rights.
Jurisprudence regarding mass (group) and
derivative lawsuits in the context of the regime of
civil procedural security became the object of
research by Melnyk (2018). The question of the
application of precedent practice of the ECtHR
by the courts of Ukraine in the context of human
rights protection was investigated in the study of
Orkhimenko (2022).
The experience of using the practice of the
ECtHR in the courts of Great Britain and Ukraine
was analyzed in the article by Popov (2010). The
author believes that the decisions of the European
Court of Human Rights in the context of
precedential value are not necessarily persuasive
precedents. They cannot be considered either as
binding precedents under the doctrine of
common law stare decisis, or as non-binding
precedents under the doctrine of jurisprudence
constante continental law. English and Ukrainian
judicial practices, in the opinion of the author,
confirm this conclusion.
General theoretical problems of the right to
proper evidence in the Ukrainian judiciary in the
context of the practice of the Strasbourg Court
were examined in the work of Rabinovych and
Ratushnaya (2014). In the study of Stoyanova
(2017), the practice of the European Court of
Human Rights is considered as a source of the
civil procedural law of Ukraine.
A general study of the application of the practice
of the European Court of Human Rights in the
administration of justice was conducted by
Fulley (2015). The experience of foreign
countries in ensuring the right to a fair trial within
a reasonable time in the context of the
implementation of ECtHR decisions was
reviewed by Tsuvina (2014). The author noted
that the analysis of the legislation of individual
states allows, depending on the purpose of the
means of the legal protection of the right to a fair
trial within a reasonable time, to distinguish two
groups of such means: expediting and
compensatory. The essence of the first is to
influence the terms of the trial utilizing a special
complaint or a request to accelerate the trial to the
head of the court or a higher court, which is used
to prevent a violation of the reasonableness of the
trial when the proceedings in the case have not
yet ended. The essence of compensatory means
is to award compensation for the already violated
reasonable period of trial by filing a complaint or
lawsuit, as a rule, to a higher court during the
proceedings of the case or after it ends. The
legislation of most foreign states provides for
both remedies, which is more effective than
using them separately.
Shcherbina and Reznikova (2018) investigated
the main principles (principles) of the economic
justice system of Ukraine, taking into account the
provisions of the European Convention.
The literature analysis carried out above
confirms the relevance of the question of the role
of the ECtHR in civil and economic proceedings,
and also indicates the need for a more detailed
study of international legal experience on this
issue.
Methodology
During the study of the international legal
experience of using the practice of the ECtHR in
economic and civil proceedings, methods of
analysis and synthesis were used, which as
logical operations made it possible to divide the
whole into its constituent parts, as well as to
study the phenomenon in general based on
combining interrelated elements into a single
whole. The specified methods contributed to the
disclosure of the concepts that make up the
subject of the study and made it possible to
formulate intermediate and general conclusions.
Thanks to the benefit of induction and deduction
methods, that is, through the transition from the
partial to the general and vice versa, it became
possible to conclude the content of the concepts
"practice of the ECtHR", "implementation of
decisions of the ECtHR", "judicial practice",
"implementation", "legal influence".
Taking into account the complexity of the study
of the foreign experience of applying the practice
of the ECtHR, a system method was used, which
makes it possible to consider the practice of the
ECtHR as a certain system involved in a higher-
level system and performing certain functions in
it, connected to it by various connections. A
systemic method is a universal tool for
understanding complex phenomena and their
impact on social relations, and its application is
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critical in the study of both the essence of the
practice of the ECtHR itself, as well as its impact
on the economic and civil process, as well as the
mechanism of implementation of decisions of the
ECtHR, which are systemic phenomena of legal
realities and consist of entities that are smaller in
volume.
The usefulness of the structural method provides
knowledge of the internal structure of the
practice of the Strasbourg Court as a complex
legal phenomenon, as well as the structure of the
mechanism of implementation of the ECtHR
practice in the national legal system, and judicial
practice.
The functional method was used to determine the
main aspects of the impact of the practice of the
ECtHR on legal activity in Ukraine and its
effectiveness.
The technical-dogmatic method served as an
equally important research method. The
specified method provides the study of state-
legal phenomena as such, which exist
independently of other types of social and state
activity, outside the sphere of economics,
politics, etc. The cognitive capabilities of this
method in the study of the practice of the ECHR
and its impact on legal activity made it possible
to formulate definitions of the concepts that make
up the subject of scientific knowledge, as well as
to single out their essential features. Also, the
application of a special-legal method of
knowledge played an important role in revealing
the content of the legal positions of the ECtHR in
the field of civil and economic proceedings.
With the help of the comparative method, various
homogeneous legal concepts, processes, and
phenomena were compared to clarify their
common and distinctive features. This made it
possible to determine the relationship of the
concept with adjacent categories that form a
conceptual series. Also, the comparison method
made it possible to find out the common features
and differences in the mechanisms of
implementation of the ECHR practice in the
economic and civil process both in Ukraine and
in individual states of the Council of Europe.
The application of the legal modeling method
helped to study the object comprehensively and
to prepare proposals and recommendations for
improving national legislation on the
implementation of ECtHR decisions in civil and
commercial proceedings. By using this method,
it became possible to create an ideal model of the
behavior of subjects endowed with state-
authority powers to take into account the legal
positions of the ECHR.
Results and Discussion
Before proceeding to the analysis of the
international legal experience of the use of
ECtHR decisions in civil and economic
proceedings, let us consider the general concepts
of the legal nature of ECtHR decisions.
The most common positions regarding the legal
nature of ECtHR decisions are to attribute them
to interpretative acts or judicial precedents. The
first position is based on the understanding of the
decisions of the European Court as acts of
interpretation of the Convention, while the other
considers them as legal precedents and is
somewhat controversial, although it can be
considered more consistent. At the same time, it
is worth noting that there are different types of
judicial precedents: judicial precedent in the
Anglo-Saxon legal family, the Romano-
Germanic legal family, and persuasive precedent.
In particular, given that the legal system of
Ukraine belongs to the Romano-Germanic legal
family, the main contradictions exist as to
whether the decisions of the ECtHR can be
included in the second or third categories. Popov
notes that the precedent practice of the ECtHR,
although confirmed many times, is difficult to
include in the established judicial practice under
the doctrine of continental precedent since the
practice of the ECtHR is not the practice of the
courts of the national judicial system, its
decisions have the force of a convincing
precedent (Popov, 2010). However, we cannot
agree with this position, since the norms of the
Commercial Procedural Code of Ukraine and the
Civil Procedural Code of Ukraine stipulate that
national courts apply the Convention and the
practice of the ECtHR as a source of law when
considering cases (Law 1798-XII, 1991; Law
1618-IV, 2004).
Let's consider the practice of foreign countries in
more detail (Table 1).
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Table 1.
Characterization of the role of ECtHR practice in foreign civil and commercial proceedings.
Country
Application mechanism
Czech
Republic
The procedure for using the practice of the ECHR was developed within the framework of social
political consensus regarding the high value of human rights and freedoms and the need for and
integration into European structures for the development of the country. This approach is reflected
and execution of ECtHR decisions in the country's Constitution. The procedure for the application
is formalized. It is defined by normative legal acts regulating the activities of the office of the
laws and acts that determine -authorized representative of the country at the ECtHR, as well as by
authorities. The state has created a mechanism aimed at bringing laws the competence of various
and law enforcement practices in the country into compliance with the standards of the ECHR. This
and task is performed by the Constitutional Court, which monitors the practice of the ECHR
explains its content to subordinate courts in the form of recommendations. Also, the harmonization
of national legislation with the standards of the ECHR is ensured by the participation of the State
Parliament is obliged to receive opinions making process.-Representative in the ECHR in the law
on each draft law from the Ministry of Justice, the structural division of which is the office of the
Representative. Because the Constitution obliges the authorities to fulfill the international
e state, the Constitutional Court has the authority to consider cases on the obligations of th
implementation of international treaties. These powers also apply to ECtHR decisions, as Czech
legal doctrine considers them an integral part of the Convention.
France
The procedure for the execution of ECtHR decisions is poorly formalized, but, despite this, the
practice of implementing ECtHR decisions has developed in France, and this is primarily due to the
. Court decisions are considered the most high status of judicial acts in the country's national system
important source of law, as they provide interpretation of laws. Decisions of the ECtHR are
regarded as sources of Convention standards. France seeks to implement the decisions of the
, but by improving the law enforcement practice in specific ECtHR not by changing the laws
categories of cases, as well as by using the principles and standards defined in the Convention and decisions of the ECtHR. Therefore, an important role in the implementation of ECtHR decisions in
terms of measures of a general nature is played by state judicial bodies, prosecutor's offices, and
other law enforcement entities. The Ministry of Justice coordinates the activities of these bodies.
Germany
d the decisions of the ECtHR have the status of In the German legal system, the Convention an
federal laws. Germany considers it necessary to implement not only the decisions of the ECtHR
issued against it but also considers it necessary to integrate the decisions of other countries into its
tem. In Germany, the procedures for the execution of the decisions of the ECtHR are legal sys laws that determine the competence and procedure of -generally formalized by legislative and by d summarize all the work of various authorities, but there is no special law in Germany that woul
norms related to the implementation of decisions of the ECtHR. The procedure for reviewing court
decisions on civil and economic cases is currently not regulated. It is worth noting that the
of Germany defined the provisions of the Basic Law Constitutional Court of the Federal Republic
as having higher legal force than the provisions of the Convention, which provides for the
implementation of national constitutional control of the provisions of the Convention and the
, 2013)Zavhorodniy(rpretation by the European Court. practice of its inte
(Data provided by Zavhorodniy, 2013)
Taking into account the above analysis, we can
conclude that other member states of the
Convention define the role of applying the
practice of the ECtHR as a source of law and
control over the correct application of such
decisions in different ways. Thus, the functions
of the Constitutional Court, the human rights
commissioner, the general prosecutor, etc., are
assigned to this issue.
Regarding the experience of applying the
practice of the ECHR by the national courts of
Ukraine, it is also worth noting that the following
problematic issues are present (Table 2).
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Table 2.
Problematic issues of the application of the ECtHR practice by general and commercial courts of Ukraine.
A problematic
question
Effect
Content
Reference to the
practice of the ECtHR
by the parties
Positive
In their statements/explanations, the parties refer to the Convention and
the practice of the ECtHR, and in the future such a reference may be
decision in the case. In fact, the reference reflected in the relevant court
of such an interested party to the Convention and the practice of the
ECtHR is formulated in such a way as to draw the attention of the
Ukrainian court to certain violations of the Convention that have
ccurred during the consideration of the relevant dispute, but already o
could still be corrected at the national level without recourse to
international judicial institutions.
Difficulties in
providing judges with
official translations of
ECtHR decisions
Negative
o date, there is no information on the state of providing courts with T
official translations of ECtHR decisions.
Unequal application of
ECtHR decisions by
courts
Negative
The analysis of judicial practice shows the absence of a single approach
to the application of ECtHR decisions. Courts of Ukraine have
emphasized that when applying the decisions of the ECtHR as a source
ich legal positions set of law, the court must, firstly, clearly indicate wh
forth in the decisions of the ECtHR do not correspond to the issue under
consideration in a specific case, and secondly, show an obvious
connection between the factual circumstances in which the ECtHR
, and the case in which the Ukrainian reached the relevant conclusion
court will already apply such a conclusion.
(Data provided by LIGA platform: ZAKON, 2018)
Thus, regarding the procedure for the application
of ECtHR decisions by commercial and general
courts in cases, there are problems of providing
courts with translations of ECtHR decisions and
uneven application of relevant decisions by
courts.
As for the compliance there is currently no
specific generalized definition of compliance
either in the international arena or in the national
legislation of Ukraine. Taking into account the
numerous variations of its coverage, in our
opinion, we should focus on the fact that
compliance is an internal process organized by
the company to ensure compliance of its
activities with the requirements of legislation,
norms of international legal acts of
extraterritorial effect, internal documents of the
company, standards of self-regulatory
organizations in a certain area and best practices
, through a certain toolkit (forming a corporate
culture, carrying out compliance control of risks
that may lead to the application of legal and
financial sanctions to such a business entity, loss
of business reputation or other damage, as well
as with the help of other means of implementing
compliance) (Korshun, 2022).
The first thing to find out is whether the practice
of the European Court exists in the context of
establishing a relationship between the
presence/absence of a compliance system in a
company and a violation of the provisions of the
Convention. In the course of the study, the
relevant practice was analyzed and it was
established that there is no established direct
connection between the specified facts in the
practice of the ECtHR.
However, the practice of the ECtHR concerns
compliance in slightly different aspects. When
studying the materials of the European Court and
scientific sources, one can come to the
conclusion that the presence of a compliance
system in the company is an asset that can be
considered as protected by the Convention. Thus,
in general, the property rights of individuals are
protected by Protocol No. 1 to the Convention.
Under the protection of this provision of the
Convention there are various types of "property"
and other property interests, for example, future
income, claims and debts under a court decision,
company shares and other financial instruments,
business licenses, future income, intellectual
property, destruction of property in situations
international or internal armed conflict
(Drozdov, Plotnikova, & Drozdova, 2019), as
well as the company's right to the so-called
"goodwill"… The practice of the ECtHR
recognizes the right to goodwill regardless of its
formal consolidation at the level of national
legislation. The subjects of such a right can be
both natural persons who carry out a certain type
of professional and (or) entrepreneurial activity
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that generates income, and legal entities
(Poberezhnyk, 2019).
This allows us to conclude that the compliance
system as goodwill is protected by the provisions
of the Convention and, if necessary, the
company's right to peaceful possession of the
asset in the broad sense of this understanding will
be ensured.
Conclusions
1. The norms of the Convention have a
generalized wording, and, therefore, the
decisions of the ECtHR are extremely
essential in the aspect of concretizing the
norms of the Convention, and the principled
positions, in particular, outlined in the so-
called "model decisions" are decisive in the
application of the norms of the Convention.
2. A comparative analysis of the application of
the practice of the ECtHR in conducting
economic proceedings in France, the Czech
Republic, Germany, and Ukraine was
conducted and both common and distinctive
features were identified.
3. Among the features are various tools for
bringing national judicial practice into line
with the provisions of the decisions of the
Strasbourg Court. In particular, these are: a
significant role in monitoring the
implementation of decisions of the ECHR of
the Constitutional Court; the lack of
opportunity to review the decisions of
national courts in economic cases;
availability of control functions for the
implementation of ECtHR decisions in the
legislative body of the state; participation in
the implementation of ECtHR decisions by
the human rights commissioner or the
general prosecutor.
4. Attention is drawn to the problematic issues
of applying the practice of the ECtHR by the
courts of Ukraine, taking into account the
uneven application of decisions and the
difficulties in providing courts with official
translations of such decisions.
Regarding compliance, it should be noted that
companies are responsible for ensuring respect
for human rights, which already involves risk
management. Therefore, due diligence in the
form of a system to prevent violations allows a
company to monitor how human rights
obligations are fulfilled by all divisions and
structural parts of the company, and thus avoid
the risk of negative consequences in the form of
holding it accountable by national courts. At the
same time, an additional positive point for the
company is that such a system is protected by the
Convention as positive goodwill, that is, it is an
intangible asset, the peaceful possession of which
is guaranteed by Article 1 of Protocol No. 1 to
the Convention. The practice of the ECtHR, in
turn, forms the best practices for implementing
compliance in companies, from ensuring the
effective functioning of the system of
notification of violations and protection of
whistleblowers to procedures for the company's
protection of personal data and ensuring
confidentiality, based on cases regarding
possible violations of Articles 8 and 10 of the
Convention.
Regarding further scientific research in the field
of application of the practice of the ECHR in civil
and economic proceedings, we consider it
necessary to pay more attention to the question of
compliance of the decisions of national courts
with the provisions of the Convention and the
practice of the ECHR, to analyze problematic
issues in this area and ways to solve them.
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