It is emphasized in comments the importance and necessity of application by the courts of Ukraine such legal principle as the principle of “proportionality”. It is illustrated by the analysis of the European Court of Human Rights, the Constitution of Ukraine and the position of the Constitutional Court of Ukraine. Also, the author gives examples of cases that were used before, and they were based on the described principle. The point mentioned above would help the native lawyers to use the principle of “proportionality”, to realize it in life and as a result would promote the defence of human rights.