Suchergebnisse

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 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 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 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 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.

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 considers and analyzes in detail the sources of the European Union aimed at ensuring equal and fair treatment of women and men. Such as Convention on the protection of human rights and fundamental freedoms, Universal Declaration of Human Rights, International Covenant on Civil and Political Right, Convention for the Protection of Human Rights and Fundamental Freedoms, European Social Charter. The authors determined that currently in the European Union there is no single approach to the definition of "discrimination", due to the lack of a basic unified source of law, this issue is regulated by both the EU's own acts and well-known international acts. Also, due to the increasing popularity of feminist movements, men experience violations and restrictions in their social and economic rights. Therefore, a study of the decisions of the most influential judicial bodies of the European Union was conducted to establish a common understanding of the concept of "gender discrimination". Ukraine has ratified these international conventions on human rights protection and recognizes their decisions as part of the national legislation of Ukraine.Ukraine has ratified the Convention and its Protocols, as the first part of the Law of Ukraine "On Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, First Protocol and Protocols № 2, 4, 7 and 11 to the Convention" explicitly states that Ukraine fully recognizes "The effect in its territory of Article 46 of the Convention on the recognition and binding without special agreement of the jurisdiction of the Court of Human Rights in all matters concerning the interpretation and application of the Convention. "There is an obligation not only to enforce judgments of the European Court against the country, but also to apply the Convention and the case law of the European Court of Justice as a source of law. Therefore, the consideration of the cases mentioned in the article is important for the judiciary and the protection of human ...

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.

The article examines the problems of legal regulation of sentencing in the form of life imprisonment and its compliance with international standards of human rights protection. The author draws attention to the Ukrainian system of life imprisonment review and the challenges that national courts face in resolving this issue. The author describes the main shortcomings of the Ukrainian legislation on the review procedure in conjunction with a situation in other countries. The state must enshrine safeguards to ensure that a person can expect a review of the punishment in the case of substantial changes in the conduct and attitude to the crime in which he or she is convicted (appropriate behavior, psychological changes in relation to the crime). ECtHR highlights in this category of cases that the main purpose of punishment is not the punishment itself, but possible further rehabilitation of a convicted person with the prospect of return to society. On March 2019, the ECtHR reached the conclusion in the case "Petukhov v. Ukraine (№2)" that the Ukrainian national legislation is inconsistent with the provisions of the Convention. In a situation of life imprisonment without parole and lack of legal certainty in the administrative pardon procedure, which is prescribed by the Ukrainian legislation, the Court concluded that the purpose of rehabilitation cannot be gained, since the further behavior of the convicted person is not important for the legislator. It'll rather pay attention to the accidental coincidence which, in exceptional cases, would allow the release of a person sentenced to life imprisonment. A large number of persons sentenced to life imprisonment have initiated the revision of their sentence in order to mitigate it, but the practice of the courts is negative, therefore, all the applicants are refused in granting such requests. Factually, Ukraine is following the example of the United Kingdom and Turkey, refusing to comply with ECtHR decisions and, accordingly, amending its legislation. The decisions of ...

Due to the rapid development of social relations and the desire of the state to regulate social relations in the legal field, there are some gaps in the application of different rules of law. The article «The principle of the right to a fair trial: the elements of the hearing and the case law of the European Court of Human Rights in Ukraine» discusses the principle of the right to the fair trial, which covers a rather broad list of standards, namely: the right to a public hearing, a fair hearing the term, equality of parties and the right to a reasoned court decision, the right to access to justice, the competitive nature of the court proceedings, the validity of the court proceedings, the rule of the law. The European Court of Human Rights has repeatedly argued for a particularly important place in the democratic society for the right to the fair trial. Statistics are analyzed and reported that numerous complaints to the European Court of Human Rights are related to a violation of Article six of the Convention for the Protection of Human Rights and Fundamental Freedoms. This is also due to the fact that complaints of violations of other articles of the Convention for the Protection of Human Rights and Fundamental Freedoms often arise because justice did not meet the requirements of justice. In the case-law of the European Court of Human Rights, cases against Ukraine have been considered, alleging breach of the principle of fairness. It is concluded that the right to the fair trial is one of the key ones, since without proper protection of this right all other rights of the person remain unprotected. Analyzing the case law of the European Court of Human Rights on Ukraine, we can conclude that the causes of human rights violations most often lie in the imperfect legislation of our country or in its practical application by state bodies and judicial authorities. In order to improve the decision-making process by national courts, it is necessary to reform the legislation and to implement it in practice, which will ...

The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared.

The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence.

It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework.

In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.

The article explores issues of protection of property rights in criminal proceedings in the context of Ukrainian legal regulation and analyses property rights protection standards in accordance with international human rights law. This paper provides an analysis of the case-law of the European Court of Human Rights and discovers the provisions of national law regarding possible restrictions on the property rights of participants in criminal proceedings. The case-law of the European Court of Human Rights (hereinafter - ECHR) on the implementation of the Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention) is the source of the law of Ukraine, envisaged by both the Constitution of Ukraine (Article 9) and the Law of Ukraine "On the enforcement of judgments and the application of the case-law of the European Court of Human Rights" (Article 17). However, despite the legally binding nature of the Convention's rules and the Court's rulings, Ukraine's jurisprudence remains closed to the practical application of rules beyond national law and doesn't regard the Convention's standards as fundamental safeguards for the protection of human rights in national practice of courts and law enforcement agencies. This concern is especially highlighted with persons prosecuted in criminal proceedings who act as suspected, accused or convicted persons. Such individuals, in addition to often prejudiced public condemnation, are constantly at risk of violating their fundamental human rights. Neither legislation nor jurisprudence guarantees complete and effective law protection to this category of participants in a criminal defense process due to their imperfection. Legislative loopholes and enforcement deficiencies create a wide range of opportunities for the arbitrariness of public authorities and their officials in dealing with suspects (accused, convicted). Both the general provisions of the Convention and the specific case-law of the Court on direct link between Art. 1 of Protocol 1 ...

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.

The article deals with the right of people to appeal for the protection of their rights and freedoms to the European Court of Human Rights (ECHR). In Ukraine, the problem of optimal organization and effective activity of public authorities in ensuring human rights lies in the sphere of ensuring the rule of law. The assertion and protection of human rights and freedoms is the main function of the Ukrainian state. An important confirmation of the significance of the institution of human rights as an object of protection by international institutions lies in the fact that in the current Constitution of Ukraine there are norms, which establish the inalienability and inviolability of these rights and set up a categorical prohibition on the adoption of laws and other normative legal acts that would restrict human rights or freedoms or narrow their content. However, the mechanisms of protecting human rights in Ukraine under the conditions of the socio-economic and political crisis are not enough effective, since systematic violations are traced. Special attention should be paid to the struggle against organized crime and corruption, which undermine the trust of people in their rights, as well as the ability of the authorities to ensure law and order.It is concluded that the European choice of Ukraine defined its state policy, which is aimed at approaching the living standards of citizens to European standards, rooting European values in all spheres of the functioning of the Ukrainian state and society. In the context of the adaptation of Ukrainian legislation to the EU legislation, the guarantee of human rights is the key to stable partnerships with the EU member states. Therefore, an appeal to the European Court of Human Rights is considered as an additional guarantee of ensuring the rights and freedoms of man and citizen at the international level, as well as the mechanism for their protection in cases where a person is not satisfied with the decision of the domestic court, and there are violations of legal norms. The reflection of standards in the field of human rights, taking into account the national identity, will enable the fullest exercise and protection of human rights, and increase the level of legal culture. Such a system of legal conscience should be aimed at recognizing the axiological content of the rights and freedoms of man and citizen in their combination with the rights of society and the state. However, we believe that Ukraine should continue to make significant efforts to ensure the effectiveness of the Convention for the Protection of Human Rights and Fundamental Freedoms, to create new effective national remedies against its violations, to adapt national legislation to European standards more actively. Thus, the most effective and immediate protection of human rights and freedoms guaranteed by the Convention should be ensured at the national level. ; У статті досліджено право людини на звернення за захистом своїх прав і свобод до ЄСПЛ. Наголошено, що для України проблема оптимальної організації й ефективної діяльності органів державної влади в забезпеченні прав людини лежить у площині забезпечення верховенства права. Утвердження і захист прав та свобод людини є головною функцією української держави. Зазначено, що вагомим підтвердженням значущості інституту прав людини як об'єкта захисту міжнародними інституціями є те, що в чинній Конституції України містяться норми, які фіксують, з одного боку, невід'ємність та непорушність цих прав, а з іншого – встановлюють категоричну заборону на прийняття законів та інших нормативно-правових актів, які обмежували б права і свободи людини або звужували їхній зміст. Сформульовано висновок, що звернення до Європейського суду з прав людини розглядається як додаткова гарантія забезпечення прав і свобод людини та громадянина на міжнародному рівні.