Review

One of the stages of criminal proceeding decisions making is the selection and application of appropriate norms of substantive and procedural law which may be contained in the decisions of the ECtHR (hereafter – the Court). But there is a linguistic problem on the way of their usage.

Despite the fact that Ukrainian legislation provides an opportunity to apply the provisions of the Court’s decisions as sources of law in proceedings by the courts, there is no widespread Court’s practice usage by national enforcement authorities. This is due to many factors, one of which is the necessity of official Court’s judgments translation.

The study made within the article allows to draw the following conclusions: 1) one of the key conditions of the Court’s case law application is the existence of official translation of the relevant decision of the Court; 2) the mechanism of official Court’s decisions translation, currently, provided only for Court’s decisions against Ukraine; 3) the issue of the Court’s case law (that concerns other countries) application can be solved by adding "Proceedings of the Court’s decisions official translation" to the existing criminal procedural legislation, which is processing actions of authorized criminal proceedings participants during the pretrial investigation or in the Court proceedings, directed at the Court’s decisions official translation; 4) the main stages of this procedure are: the beginning of procedure; consideration of the petition by investigating judge (court); making of decision; review of the decision; its implementation; 5) the advantages of procedure are: the process of the Court’s decisions official translation takes into account the needs of practice; such proceedings is a mechanism of Ukrainian duties execution; law enforcement agencies in criminal proceedings can not argue rejection to apply the provisions of the Court’s case law, referring to the absence of its official translation or lack knowledge of a foreign language; application procedure in practice does not involve significant additional financial resources; the final result of proceedings is the official translation of the Court’s judgment that may subsequently be used as a source of law.

Key words: criminal proceeding decisions making; ECtHR practice application.