Implementation of ECHR legal terminology in decisions of the Constitutional Court of Ukraine

The article is devoted to the study of the peculiarities of the influence of the case law of the European Court of Human Rights on the formation and development of legal terminology in the acts of the Constitutional Court of Ukraine. Legal terminology is considered as a dynamic system that directly depends on socio-historical development, law-making, law enforcement and doctrine. It is shown that the modernisation of the terminology system occurs under the influence of both internal and external factors, primarily intensive interaction with the European legal space. It is emphasised that the implementation of legal terminology developed by the ECHR has a significant impact on the transformation of constitutional justice in Ukraine. This is manifested in the fact that the decisions of the Constitutional Court of Ukraine use legal terminology developed by the ECHR. The implementation of the ECHR’s legal terminology by Ukraine serves as an indicator of the national legal system’s convergence with European standards. Particular attention is paid to the key principles that have been integrated from the decisions of the ECHR into the practice of the Constitutional Court of Ukraine: ‘proportionality test’, ‘margin of appreciation’, ‘quality of law’, ‘legal certainty’ and ‘rule of law’. It is demonstrated how these concepts expand and reinterpret the Ukrainian constitutional terminology system. It is noted that the implementation of European terminology is not a mechanical borrowing, but involves a deep doctrinal adaptation and harmonisation with national legislation. It is emphasised that the implementation of the ECHR’s legal terminology in the decisions of the Constitutional Court of Ukraine is a process of bringing the national legal system closer to EU standards. It is becoming one of the key factors in the modernisation of Ukrainian constitutional justice. This is what contributes to the deepening of Ukraine’s integration into the European legal space. The development of this terminology system will continue to determine the quality of constitutional justice, as linguistic and conceptual accuracy is the foundation for the effective protection of human rights and the construction of a modern constitutional state. The results of the study show that the implementation of the legal terminology of the ECHR is an important factor in the modernisation of the Ukrainian legal system, contributes to the harmonisation of the national constitutional legal order with European approaches, and creates a basis for the further development of legal doctrine in Ukraine.