Позитивные обязательства государств Европейского союза в области обеспечения политических и гражданских прав ; Positive obligations of the states of the European union in the field of ensuring political and civil rights at the international level and the level of European union law ; positive obliga...
In: http://oai.elaba.lt/documents/38109488.pdf
The study of problems that are associated with the realization of human rights and freedoms is always relevant since their implementation affects the immediate vital interests of the individual. A special role is played by ensuring human rights and freedoms, mechanisms and procedures for their protection, that is corresponding positive and negative obligations of the state. We believe that civil and political rights of a person, usually characterized as negative rights, cannot be ensured only by negative obligations of the state. To ensure them, States still need to assume corresponding positive obligations, the proper fulfillment of which directly affects the effectiveness of ensuring guaranteed human rights and fundamental freedoms. In this regard the study of the positive obligations of the states of the European Union in the field of ensuring political and civil rights is relevant. The object of the master's work is public relations that arise in connection with the implementation of positive obligations of the states of the European Union in the field of ensuring political and civil rights at the international level and the level of European Union law. The purpose of the master's work is to analyze the peculiarities of the positive obligations of the states of the European Union in the field of ensuring political and civil rights at the international level and the level of the European Union law. Tasks of the master's work: 1) to analyze the sources of the main political and civil rights of citizens of the European Union; 2) to characterize the system and content of basic political and civil rights; 3) to give a definition and to consider the ratio of positive and negative obligations of states; 4) to give a definition and to characterize the scope of application of the positive obligations of a state in the field of ensuring the political and civil rights of citizens under the European Convention; 5) to analyze the problem of ensuring the political and civil rights of citizens of the European Union and their judicial protection; 6) to determine the responsibility of states for violation of obligations in the field of human rights protection in European law. There were used dialectical, historical methods, the methods of formal logic, the comparative legal method, the system method and other methods of cognition. The sources of the basic political and civil rights of citizens of the European Union have been established. Among them there are the documents adopted before the creation of the European Union and the documents of the European Union. The problem of the implementation of modern legal standards in the field of human rights has been revealed. The system and content of the basic political and civil rights of citizens of the European Union are considered. The ratio of positive and negative obligations of states is considered. It has been revealed that not only negative, but also positive obligations of states are required to ensure negative rights. The specific positive obligations of states to ensure civil and political rights are considered, the examples are supported by judicial practice. It has been revealed that the state has a triad of obligations in the field of human rights: obligations to respect, obligations to provide and obligations to protect. The principle of the responsibility to protect includes the following obligations: the obligation to prevent; the obligation to respond; the obligation to recover. Some scholars add the obligation to punish the guilty. It has been established that the responsibility of a state for harsh and massive violations of human rights arises before the international community as a whole. On this basis all states can demand the cessation of these violations and the provision of appropriate compensation to their victims making appropriate claims against the violating state. The scientific novelty of the study lies in the fact that it is a complex scientific work, in which a theoretical study of the relationship between positive and negative obligations of states is carried out, as well as specific positive obligations of states to ensure civil and political rights. The master's work can be useful to researchers, lecturers, lawyers and students.
