Suchergebnisse

Annotation: In late 2014, the mother of a young woman who was on board the Malaysia Airlines aircraft which was shot down over eastern Ukraine in the summer of 2014 brought a case against Ukraine before the European Court of Human Rights. The applicant claimed that Ukraine had failed to close its airspace and in doing so had violated the human rights of her daughter. This raises a number of issues concerning the applicability of the European Convention on Human Rights to the current situation in parts of Ukraine which are not under the full control of the Ukrainian government. Both Russia and Ukraine are parties to the European Convention on Human Rights. Every victim of a human rights violation who was under the jurisdiction of a state party at the time in question can bring a case to the European Court of Human Rights. The issue of jurisdiction is distinct from the title to a territory under international law. It is possible that Russia, directly or indirectly, is exercising jurisdiction in some parts of Ukraine. This, however, does not mean that Ukraine would have lost all legal responsibility. There might still be a residual responsibility of Ukraine. In addition, the question has to be asked if there are domestic remedies which would have to be exhausted before bringing a case to the European Court of Human Rights. Residents of parts of Ukraine currently controlled by Russia should not be required to exhaust remedies offered by Russia in order for their case to be admissible to the European Court of Human Rights.Key words: Ukraine, Russia, Crimea, Donbass, European Convention on Human Rights, European Court of Human Rights, MH17.

Annotation: In late 2014, the mother of a young woman who was on board the Malaysia Airlines aircraft which was shot down over eastern Ukraine in the summer of 2014 brought a case against Ukraine before the European Court of Human Rights. The applicant claimed that Ukraine had failed to close its airspace and in doing so had violated the human rights of her daughter. This raises a number of issues concerning the applicability of the European Convention on Human Rights to the current situation in parts of Ukraine which are not under the full control of the Ukrainian government. Both Russia and Ukraine are parties to the European Convention on Human Rights. Every victim of a human rights violation who was under the jurisdiction of a state party at the time in question can bring a case to the European Court of Human Rights. The issue of jurisdiction is distinct from the title to a territory under international law. It is possible that Russia, directly or indirectly, is exercising jurisdiction in some parts of Ukraine. This, however, does not mean that Ukraine would have lost all legal responsibility. There might still be a residual responsibility of Ukraine. In addition, the question has to be asked if there are domestic remedies which would have to be exhausted before bringing a case to the European Court of Human Rights. Residents of parts of Ukraine currently controlled by Russia should not be required to exhaust remedies offered by Russia in order for their case to be admissible to the European Court of Human Rights.Key words: Ukraine, Russia, Crimea, Donbass, European Convention on Human Rights, European Court of Human Rights, MH17.

Problem setting. According to the Law of Ukraine # 3477-IV «On implementation of judgments and application of the case-law of the European Court of Human Rights», 23.02.2006 (Art. 17) the courts of Ukraine apply the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols (hereinafter – Convention, ECHR) and the case-law of the European Court of Human Right (hereinafter – the Court, ECtHR) as the source of law. By the Regulation of the Cabinet of Ministers of Ukraine # 431, 10.09.2014 the Government Commissioner on ECtHR matters has been authorized to co-ordinate «the implementation of the Court's judgments, which are the interpretation of norms of Convention and its inalienable part, contain the norms of law and are subject to application in the way of implementation of international treaties». Such positions clearly show the aspiration of Ukraine to strengthen the role of European standards of human rights in national legal order. At the same time the case-law of the ECtHR covers not only the numerous legal standards related to concrete rights and freedoms, but also the doctrinal approaches to the interpretation and application of the ECHR which lay the foundation of the Court's jurisprudence. There is lack of studies of such doctrinal approaches in Ukraine while the conditions of their application at the national level are generally unknown. Resent research and publications analyses. Such doctrinal approaches are well developed in the ECtHR case-law and are deeply explored by European scholars (i. e. R. Bernhardt, D. Gomien, D. Harris, G. Letsas, R. St. J. Macdonald, S. Maringele, F. Matscher, J. McBride, H. Petzold, M. de Salvia, L. Zwaak). Meanwhile a few Ukrainian researchers have paid attention to the problem of principles and methods of interpretation and application of the ECHR (L. Gouseynov, T. Doudash, V. Marmazov, P. Rabinovich, S. Fedic, L. Tsvigoun, S. Shevchouc and some others). The deep analysis of the doctrines, which are developed due to the Court's case-law are absent in Ukrainian jurisprudence. Paper objective. Main objective of the article is to study the doctrine of state's positive obligations to secure the conventional rights and the legal grounds of such obligations under the ECHR law in correlation with the other doctrinal approaches which are used by the ECtHR in the perspective of their implementation on the national level. Paper main body. As the basic concepts and principles (also known as the methods of interpretation and application of the Convention) official on-line resources of the Council of Europe indicate: dynamic purposive interpretation (the concept of "Convention as a Living Instrument"), the autonomous concepts, negative and positive obligations, subsidiarity, proportionality, just satisfaction, "margin of appreciation" of the state, equality of arms, horizontal application of rights and their hierarchy. Among them there are several doctrines (the doctrines of dynamic purposive interpretation, "margin of appreciation" of the state, autonomous concepts and the state's positive obligations) which have been recognized and developed due to the Court's jurisprudence. They accumulate the «unwritten law» of the Convention (as they are not mentioned in the text of ECHR) and aim to ensure the sequence and logic system of promotion and protection of human rights. They are closely interrelated and interdependent. These doctrines are more about the scope and character of the state's obligations under the Convention, rather then the subject to direct application in court proceedings on domestic level. Meanwhile these doctrines provide the means of assessment of compliance of the national policies and legal practice in the field of fundamental rights and freedoms with the European standards. Conclusions of the research. Thus the principle doctrinal approaches to the interpretation and application of the human rights and fundamental freedoms ensure the conceptual and methodological unity of the law of the Convention. Due to the Court's case-law these doctrines obtained official recognition, international authority, validity and credibility as well as the normative (regulative) features. So they shall be incorporated to the national legal order. For that they shall be well-known to all kinds of the state agents (legislative body, state administration and law-enforcement bodies and judiciary) who shall fulfill their duties with respect to the doctrinal standards. Key words: human rights, state's positive obligations, "margin of appreciation" of the state, purposive dynamic interpretation, case-law of the European Court of Human Rights. ; Раскрыто основное содержание доктрины позитивных обязательств государства по гарантированию закреплённых в Конвенции прав и свобод, правовые основания таких обязательств; а также их корреляция с иными доктринальными подходами, на которые опирается Европейский суд по правам человека при толковании и применении Европейской конвенции по правам человека (телеологического динамического толкования, «границ усмотрения» государства, «автономных понятий» и др.) в свете перспектив их практического внедрения на национальном уровне ; Розкрито основний зміст доктрини позитивних зобов'язань держави щодо гарантування викладених у Конвенції прав і свобод та правові підстави таких зобов'язань, а також її кореляція з іншими доктринальними підходами, на які спирається Європейський суд з прав людини при тлумаченні та застосуванні Європейської конвенції з прав людини (телеологічного динамічного тлумачення, «меж розсуду» держави, «автономних понять» та ін.) у світлі перспектив їх практичного впровадження на національному рівні.

Problem setting. According to the Law of Ukraine # 3477-IV «On implementation of judgments and application of the case-law of the European Court of Human Rights», 23.02.2006 (Art. 17) the courts of Ukraine apply the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols (hereinafter – Convention, ECHR) and the case-law of the European Court of Human Right (hereinafter – the Court, ECtHR) as the source of law. By the Regulation of the Cabinet of Ministers of Ukraine # 431, 10.09.2014 the Government Commissioner on ECtHR matters has been authorized to co-ordinate «the implementation of the Court's judgments, which are the interpretation of norms of Convention and its inalienable part, contain the norms of law and are subject to application in the way of implementation of international treaties». Such positions clearly show the aspiration of Ukraine to strengthen the role of European standards of human rights in national legal order. At the same time the case-law of the ECtHR covers not only the numerous legal standards related to concrete rights and freedoms, but also the doctrinal approaches to the interpretation and application of the ECHR which lay the foundation of the Court's jurisprudence. There is lack of studies of such doctrinal approaches in Ukraine while the conditions of their application at the national level are generally unknown. Resent research and publications analyses. Such doctrinal approaches are well developed in the ECtHR case-law and are deeply explored by European scholars (i. e. R. Bernhardt, D. Gomien, D. Harris, G. Letsas, R. St. J. Macdonald, S. Maringele, F. Matscher, J. McBride, H. Petzold, M. de Salvia, L. Zwaak). Meanwhile a few Ukrainian researchers have paid attention to the problem of principles and methods of interpretation and application of the ECHR (L. Gouseynov, T. Doudash, V. Marmazov, P. Rabinovich, S. Fedic, L. Tsvigoun, S. Shevchouc and some others). The deep analysis of the doctrines, which are developed due to the Court's case-law are absent in Ukrainian jurisprudence. Paper objective. Main objective of the article is to study the doctrine of state's positive obligations to secure the conventional rights and the legal grounds of such obligations under the ECHR law in correlation with the other doctrinal approaches which are used by the ECtHR in the perspective of their implementation on the national level. Paper main body. As the basic concepts and principles (also known as the methods of interpretation and application of the Convention) official on-line resources of the Council of Europe indicate: dynamic purposive interpretation (the concept of "Convention as a Living Instrument"), the autonomous concepts, negative and positive obligations, subsidiarity, proportionality, just satisfaction, "margin of appreciation" of the state, equality of arms, horizontal application of rights and their hierarchy. Among them there are several doctrines (the doctrines of dynamic purposive interpretation, "margin of appreciation" of the state, autonomous concepts and the state's positive obligations) which have been recognized and developed due to the Court's jurisprudence. They accumulate the «unwritten law» of the Convention (as they are not mentioned in the text of ECHR) and aim to ensure the sequence and logic system of promotion and protection of human rights. They are closely interrelated and interdependent. These doctrines are more about the scope and character of the state's obligations under the Convention, rather then the subject to direct application in court proceedings on domestic level. Meanwhile these doctrines provide the means of assessment of compliance of the national policies and legal practice in the field of fundamental rights and freedoms with the European standards. Conclusions of the research. Thus the principle doctrinal approaches to the interpretation and application of the human rights and fundamental freedoms ensure the conceptual and methodological unity of the law of the Convention. Due to the Court's case-law these doctrines obtained official recognition, international authority, validity and credibility as well as the normative (regulative) features. So they shall be incorporated to the national legal order. For that they shall be well-known to all kinds of the state agents (legislative body, state administration and law-enforcement bodies and judiciary) who shall fulfill their duties with respect to the doctrinal standards. Key words: human rights, state's positive obligations, "margin of appreciation" of the state, purposive dynamic interpretation, case-law of the European Court of Human Rights. ; Раскрыто основное содержание доктрины позитивных обязательств государства по гарантированию закреплённых в Конвенции прав и свобод, правовые основания таких обязательств; а также их корреляция с иными доктринальными подходами, на которые опирается Европейский суд по правам человека при толковании и применении Европейской конвенции по правам человека (телеологического динамического толкования, «границ усмотрения» государства, «автономных понятий» и др.) в свете перспектив их практического внедрения на национальном уровне ; Розкрито основний зміст доктрини позитивних зобов'язань держави щодо гарантування викладених у Конвенції прав і свобод та правові підстави таких зобов'язань, а також її кореляція з іншими доктринальними підходами, на які спирається Європейський суд з прав людини при тлумаченні та застосуванні Європейської конвенції з прав людини (телеологічного динамічного тлумачення, «меж розсуду» держави, «автономних понять» та ін.) у світлі перспектив їх практичного впровадження на національному рівні.

Problem setting. According to the Law of Ukraine # 3477-IV «On implementation of judgments and application of the case-law of the European Court of Human Rights», 23.02.2006 (Art. 17) the courts of Ukraine apply the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols (hereinafter – Convention, ECHR) and the case-law of the European Court of Human Right (hereinafter – the Court, ECtHR) as the source of law. By the Regulation of the Cabinet of Ministers of Ukraine # 431, 10.09.2014 the Government Commissioner on ECtHR matters has been authorized to co-ordinate «the implementation of the Court's judgments, which are the interpretation of norms of Convention and its inalienable part, contain the norms of law and are subject to application in the way of implementation of international treaties». Such positions clearly show the aspiration of Ukraine to strengthen the role of European standards of human rights in national legal order. At the same time the case-law of the ECtHR covers not only the numerous legal standards related to concrete rights and freedoms, but also the doctrinal approaches to the interpretation and application of the ECHR which lay the foundation of the Court's jurisprudence. There is lack of studies of such doctrinal approaches in Ukraine while the conditions of their application at the national level are generally unknown. Resent research and publications analyses. Such doctrinal approaches are well developed in the ECtHR case-law and are deeply explored by European scholars (i. e. R. Bernhardt, D. Gomien, D. Harris, G. Letsas, R. St. J. Macdonald, S. Maringele, F. Matscher, J. McBride, H. Petzold, M. de Salvia, L. Zwaak). Meanwhile a few Ukrainian researchers have paid attention to the problem of principles and methods of interpretation and application of the ECHR (L. Gouseynov, T. Doudash, V. Marmazov, P. Rabinovich, S. Fedic, L. Tsvigoun, S. Shevchouc and some others). The deep analysis of the doctrines, which are developed due to the Court's case-law are absent in Ukrainian jurisprudence. Paper objective. Main objective of the article is to study the doctrine of state's positive obligations to secure the conventional rights and the legal grounds of such obligations under the ECHR law in correlation with the other doctrinal approaches which are used by the ECtHR in the perspective of their implementation on the national level. Paper main body. As the basic concepts and principles (also known as the methods of interpretation and application of the Convention) official on-line resources of the Council of Europe indicate: dynamic purposive interpretation (the concept of "Convention as a Living Instrument"), the autonomous concepts, negative and positive obligations, subsidiarity, proportionality, just satisfaction, "margin of appreciation" of the state, equality of arms, horizontal application of rights and their hierarchy. Among them there are several doctrines (the doctrines of dynamic purposive interpretation, "margin of appreciation" of the state, autonomous concepts and the state's positive obligations) which have been recognized and developed due to the Court's jurisprudence. They accumulate the «unwritten law» of the Convention (as they are not mentioned in the text of ECHR) and aim to ensure the sequence and logic system of promotion and protection of human rights. They are closely interrelated and interdependent. These doctrines are more about the scope and character of the state's obligations under the Convention, rather then the subject to direct application in court proceedings on domestic level. Meanwhile these doctrines provide the means of assessment of compliance of the national policies and legal practice in the field of fundamental rights and freedoms with the European standards. Conclusions of the research. Thus the principle doctrinal approaches to the interpretation and application of the human rights and fundamental freedoms ensure the conceptual and methodological unity of the law of the Convention. Due to the Court's case-law these doctrines obtained official recognition, international authority, validity and credibility as well as the normative (regulative) features. So they shall be incorporated to the national legal order. For that they shall be well-known to all kinds of the state agents (legislative body, state administration and law-enforcement bodies and judiciary) who shall fulfill their duties with respect to the doctrinal standards. Key words: human rights, state's positive obligations, "margin of appreciation" of the state, purposive dynamic interpretation, case-law of the European Court of Human Rights. ; Раскрыто основное содержание доктрины позитивных обязательств государства по гарантированию закреплённых в Конвенции прав и свобод, правовые основания таких обязательств; а также их корреляция с иными доктринальными подходами, на которые опирается Европейский суд по правам человека при толковании и применении Европейской конвенции по правам человека (телеологического динамического толкования, «границ усмотрения» государства, «автономных понятий» и др.) в свете перспектив их практического внедрения на национальном уровне ; Розкрито основний зміст доктрини позитивних зобов'язань держави щодо гарантування викладених у Конвенції прав і свобод та правові підстави таких зобов'язань, а також її кореляція з іншими доктринальними підходами, на які спирається Європейський суд з прав людини при тлумаченні та застосуванні Європейської конвенції з прав людини (телеологічного динамічного тлумачення, «меж розсуду» держави, «автономних понять» та ін.) у світлі перспектив їх практичного впровадження на національному рівні.

The article deals with the problem of human trafficking as one of the most important and complex problems. Human trafficking is reflected in many forms. With society's development such forms are becoming increasingly complex. The analysis of the case law of the European Court of Human Rights is important in the context of the interpretation of the concept of trafficking in human beings. Article 4 of the European Convention for the Protection of Human Rights does not contain the direct prohibition of human trafficking. Nevertheless, human trafficking is covered by Article 4 of the Convention. The Court emphasizes the importance of interpreting the Convention in the current circumstances and challenges because it ensures the effective protection of human rights. This topic becomes especially relevant for our country in the context of the interpretation of the concept of human trafficking by the European Court of Human Rights due to the importance of combating human trafficking. At the same time, as Ukraine is currently adapting its legislation to European standards, it will be useful to understand how human trafficking is interpreted by the European Court of Human Rights. It is important for national courts to apply the case law set by the European Court, because it ensures the clarity and universal understanding of the Convention, sets certain standards of justice, specifies and develops convention provisions.

The article focuses on the judge's liability vilotaion of the Convention for the Protection of Human Rights and Fundamental Freedoms. State of- ficials' wrongful acts result in liability of a state regardless of the fault of those officials are determined as axiomatic for the theory of law. The state agencies, where the officials are employed, are entitled to file regress suits in accordance with the procedure provided by law. In such a case, can- cellation or annulment of the wrongful act that causes damages, should not be regarded as a special precondition for the liability of the state official liable for committing such an act. The precondition of the liability of the official should be his or her fault. It is essential that the liability of a judge for issuing wrongful judicial acts, regarding his or her status, has its own peculiarities. First, according to international standards, liability of a judge for delivering an illegal judgment, that had causes financial damage and interfereance with personal rights and freedoms, is predetermined by his or her procedural independence and immunity. Secondly, compensation for losses incurred by the state as a result of a wrongful decision or conduct of a judge in the performance of his / her duties is established. In addition to this, the state has the right to bring regress suits against a judge who has caused such damages to individuals or legalentities.

The authors of the article carried out a comprehensive analysis of the problems of the relationship between the two basic principles of constitutionalism - national sovereignty and human rights through an integrative approach. This relationship was considered in the context of two basic legal theories, namely, the concept of democratic values and participatory (participatory) democracy. The first concept focuses on legal values, and the second -on the legitimate procedure for their adoption. An inextricable connection between popular sovereignty and human rights due to the very nature of a person who combined in him-herself the inherent, inalienable right to personal freedom with the need to be a part of a natural communication space as a legal environment to ensure his/her vital interests and needs. The key aspect that characterizes the formation of a person is communication. Just communicative orientation of the individual creates natural conditions for the existence of law as a result of inter-subjective interdependent relationship. People's sovereignty is not absolute, it ends where an individual life begins. The observance of civil (personal) human rights is a condition for the functioning of a democratic society. They determine the inviolable boundaries of possible interference from the side of the state and society in the personal space of a person, which can be described as follows. The internal relationship between national sovereignty and human rights is due to the fact that civil rights are intended to guarantee every level the chances of achieving their vital intentions and provide reliable legal protection, while the realization of political rights of citizens through the direct participation in the process of democratic legitimation is an effective mechanism, protection of personal freedom

The article explores the activities of the European Court of Human Rights. In recent years, many papers have been published on the issue of defining the "standard of proof" and its implementation in national law. The content of the concept of "standard of proof" is explained in the article. Its nature is revealed. Its features are identified and constituent parts of this concept are provided. Its interdependence with the concept of "inner conviction" is substantiated. Criteria for establishing an 'standard of proof' are provided, such as: - the existence of a body that sets these 'standards'; - fixing certain requirements for the content of a certain "standard" in legislative acts; - compliance with these "standards" by other bodies, etc.; - punishment for failing to comply with the requirements of "standards". The activities of the European Court of Human Rights are analyzed. The basic principles of its activity are noted, which include: General principles: -the principle of the rule of law; - the principle of legality; - the principle of justice; - the principle of proportionality of intervention. Special principles include the following: - the principle of "least common denominator"; - the principle that there are no barriers to the inadmissibility of evidence or a pre-determined formula for evaluating it "; - the principle of proportionality; - the principle of discretion; - the principle of additionality; - the principle of effectiveness of the Convention; - the principle of autonomous understanding. It argues that it is impossible to speak of "standards of proof" in the European Court of Human Rights. Such concepts as "beyond reasonable doubt", "equality of arms", "weighing of opposing interests", "evaluation of the fairness of the process as a whole" the author reveals through the case law of the ECtHR, namely " Abu Zubaydah v. Lithuania"," Gäfgen v. Germany "," Imbrioscia v. Germany Switzerland "," Magee v. Switzerland the United Kingdom ». In addition, the content of these decisions is disclosed in ...

The article analyzes the role of different international organizations and the European Court of Human Rights (ECHR) in the field of international protection of children's rights. The main idea of the article is to determine modern methods and mechanisms of protection and realization of children's rights in international law. Much attention is given to the fact that there are a lot of different international documents that regulate this issue. The author analyzed such documents are Convention on the Rights of the Child, the Declaration of the Rights of the Child and expressed her opinion on their effectiveness. It is described in short the protection of children's rights at the regional level. The article outlines the opinions and views of various scholars who had been working in the field of child rights protection. The article admonishes that everybody has the right to apply to the European Court of Human Rights in case of violation and non-recognition of rights. The article states that numerous ECHR decisions exist on issues related to the protection of the rights of the child based on the provisions of international law. The article defines some problematic aspects of the protection of children's rights. Some attention is drawn to the collisions of the legal regulation of this issue and cases of violation of the rights of the child. Theoretical concepts and practical experience regarding the international protection of the rights of the child in international law are explored in the article. The author mentions that the national legislation of some countries in the sphere of children's rights is not perfect enough. Therefore international standards have to serve as a basis on which it would be possible to construct and develop a domestic law system that will respect children's rights. It is stressed that in the modern world exists a tendency for recognition of almost all rights and interests of the child. It is reported that new mechanisms for the protection of children's rights are developing because ...

The article is devoted to the consideration of the role and place of decisions of the European Court of Human Rights in the administration of justice by Ukrainian courts. It is stated that the modern world cannot be imagined without the interaction of national legal systems with the system of international law. The socio-political and socio-economic conditions of the present day further emphasize the interconnection between these systems of law, which has long gone beyond purely theoretical reasoning and has become a practical application. The main manifestation of the influence of international law on domestic law is the harmonization of the content of national law with the provisions of international law. As a rule, such harmonization occurs by borrowing international legal norms into national law or by adopting national norms that are consistent with the principles and norms of international law. The judicial practice of the European Court of Human Rights is considered as a source of law, taking into account the adoption of the Law of Ukraine "About implementation ofdecisions and application of practice of the European courton human rights"t has been determined that despite the fact that the provisions of the Law of Ukraine "On the Enforcement of Decisions and Application of the Practice of the European Court of Human Rights" have been in force for more than 10 years, the application of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights by national courts case review and decision making is more of an exception than a rule. It is noted that references to acts of the European Court of Human Rights are still isolated cases and have an additional character, which gives reason to define the European Court of Human Rights own practice as a subsidiary source of law. Gaps and contradictions in current legislation, including the lack of a clear approach to the application of European Court decisions by Ukrainian courts, ...

The article is devoted to the study of the main trends in the development of non-human rights, the analysis of European and national legislation on this issue. The appearance of non-human rights is viewed through the prism of human dignity, the author supports the idea that dignity is an advantage of man and at the same time signifies his ability to "rule over other creatures, to create human civilization and its benefits, other socially significant things". After analyzing the basic doctrinal views on animal rights, the logical assumption is made that a person or an animal should be at least equal in two aspirations: preserving one's life and avoiding pain. This, in turn, automatically means the possibility of existence for these creatures: the right to life, the right to protection against personal injury, the prohibition of torture and the prohibition of moral harm. The four major Conventions adopted by the Council of Europe, which actually lack a clear list of animal rights, and the World Declaration of Animal Rights adopted by the International League of Animal Rights, which contain such a list of rights, as well as national legislation in the form of the Law of Ukraine on the Protection of Animals against Cruelty, are also analyzed ". After that, the author concludes that with the exception of such European countries as Spain, Switzerland and Germany, where animal rights are defined and enshrined at the legislative and general legal levels, the major world trends testify to their neglect and lack of study. This is the main reason why it is not possible to change the animal cruelty that prevails in society in some places.

LEGAL GUARANTEES OF PROTECTION OF THE RIGHTS OF MAN AND CITIZEN IN THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTSО.S. YaraThe article is devoted to certain aspects of legal guarantees of protection of the rights of man and citizen in accordance with the requirements of the Convention for the protection of human rights and fundamental freedoms, other legal acts and practice of the European court.Key words: legal guarantees, protection of the rights of man and citizen, legal acts, the European court. The state, enshrined in the Constitution, the attained level of personal freedom has taken responsibility for ensuring and guaranteeing the rights and freedoms, and is responsible to the individual for its activity. Entry into the European political, economic and legal space defined in the strategic priority of Ukraine's foreign policy. The achievement of this objective should contribute to the implementation of our state of the Copenhagen and Madrid criteria, according to which the European Parliament recognized the right of every European country that recognizes the provisions of article 6 paragraph 1 of the Agreement on the establishment of the European Union to join the European Union after they meet several criteria, one of which is the stability of institutions guaranteeing democracy, the rule of law, respect for human rights and protection of minority rights. The level of democracy in society is determined by the place of the court in system of bodies of state power and its role in the protection of the rights and freedoms of man and citizen, it is the court that is intended to ensure the effectiveness of the restoration of violated rights and freedoms of the individual, and the presence of an independent judiciary is a necessary condition for the existence of the democratic legal state.Consequently, in the modern legal science is actively shaping the direction of research, whose main aim is development of scientific bases of adaptation as the doctrinal provisions and the normative array of domestic legal science associated with the protection of the rights and freedoms of man and citizen. This process was joined by scientists of various branches of law (administrative, constitutional, criminal, civil).However, the problem of legal protection of human rights, the mechanism for its implementation in legal science is relevant in connection with a number of contentious issues that arise in the process of applying by the courts of legal rules concerning the protection of the rights and lawful interests of a person.The objective of the article is the analysis of the Convention for the protection of human rights and fundamental freedoms, other legal acts and practice of the European court to expand the application of their provisions in the protection of human rights.However, seen the need to expand the application of the provisions of the Convention as a guarantee on the part of our state in providing basic principles of protection of the rights and freedoms of man and citizen in accordance with European practice.Conclusions. Thus, taking into account the above considerations, we can conclude that the right to the protection of individual rights guaranteed by the Constitution, laws of Ukraine and international legal acts ratified by the Verkhovna Rada of Ukraine. The Convention enshrines the highest values of humanity – fundamental rights and fundamental freedoms of man , interpreted by the court, which constitute the core of the supranational and national law. The Convention's rules are norms of direct action, and because the practice of the European court of justice is created and operates under its regulations and protocols, based on the interpretation of its norms and used in connection with them. The presence of the rule of law establishes a mechanism of realization of the human right to defense in court and provides the possibility of individuals to the European court.Our country needs to expand the application of the provisions of the Convention as a guarantee of the state in ensuring fundamental principles for the protection of the rights and freedoms of man and citizen in accordance with European practice.

The article is devoted to the problems of discrimination, especially one of them - age discrimination. Discrimination is recognized as a situation in which a person and / or group of persons on their grounds is restricted in recognizing, exercising or exercising their rights and freedoms in any form. The case of Schwitzgebel v. Switzerland was analyzed, the essence of which was that an unmarried woman of a certain age was denied the adoption of a second child. She was denied due to the government's legal policy on family matters. The applicant's age was crucial in rejecting her application by the domestic authorities. The applicant could claim that she had been the victim of a difference in treatment compared to younger single women, who could have been entitled to adopt a second child under the same circumstances. The denial of her request pursued the legitimate aim of protecting the welfare and rights of the child. Thus, the European Court of Human Rights has quite rejected the motives of age discrimination. It has been proven that age discrimination is not an independent sign of discrimination. Quite often this happens in addition to gender motives. In the case of Carvalho Pinto de Sousa Morais v. Portugal, which amounts to improper medical intervention by a medical court, the applicant's age was presumed. The National Court held that sexuality and social life were not as important to the applicant at her age as to men of the same age. The European Court of Human Rights was therefore obliged to accept the grounds of age and other discrimination. Paragraph 141 of the Manual of Article 14 of the European Convention on Human Rights and Protocol No. 12 to the Convention also states that age is a "different status" for the purposes of Article 14. However, it should be noted that the ECtHR seldom recognizes age as a sign of discrimination. In general, the analysis of the European Court of Human Rights indicates the following: there are very few decisions on age discrimination; The Convention for the Protection of ...

The article analyzes the key historical stages of the formation of human rights. It is determined that each person has a certain spectrum of a priori rights. And today, most democratic countries in the world are striving to ensure that these rights are not only formal but also implemented in practical terms. That is why the last half of the XX century marked the emergence of international recognition of human rights. The author of the article also believes that the mechanisms of ensuring, guaranteeing or observing rights in society begin with its high moral standard, where the person does not infringe the rights of other individuals, or even in the event of such an attack, will consciously follow the punishment provided by the state. In this article, the term human rights was deliberately used, since the author considers it more justified in this context, given that it is a more general category that covers "human and civil rights and freedoms". In other cases, such phrases may be used as "human rights" or "fundamental, fundamental or fundamental rights." Both of these terms have the right to exist and each of them is found in separate European documents. Separately, the article explores the distinction between law and freedom, which is a separate argument to the emergence of a cumulative category, which may include rights and freedoms. Another argument in favor of this opinion, the author calls the possibility of the existence of not only human rights, but also non-human rights, in particular, it is about the rights of animals.