THE ROLE OF INTERNATIONAL ORGANIZATIONS IN THE PROTECTION OF HUMAN RIGHTS IN UKRAINE (original) (raw)

Modern Trends in the Formation and Development of the Human Rights Mechanism in Ukraine

Access to Justice in Eastern Europe

The article highlights the modern determinants of the formation and function of institutions of the national human rights mechanism in Ukraine. Particular attention is paid to the institutions of the justice system as key elements of the national human rights mechanism, the formation and functioning of which, at the present stage, are determined by a number of factors, at both internal (national) and external (supranational) levels. It is established that external determinants determine the impact on the human rights mechanism in Ukraine through functional indicators of its effectiveness in the evaluation and reporting documents of the institutions of the supranational (international) human rights mechanism. Internal determinants dictate the impact on the national human rights mechanism through functional indicators of its effectiveness in the evaluation and reporting documents of national human rights institutions, the results of sociological research, and expert assessments and de...

Recognizing and Implementing International Human Rights Standards in Domestic Legislation: An Exposure Under Ukrainian Law

Ius Humani. Law Journal, 2021

Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamenta...

Ensuring Human Rights in Ukraine: Problematic Issues and Ways of their Solution in the Social and Legal Sphere

Cuestiones Políticas, 2020

The article discusses some complex factors influencing the process of realization of human rights in Ukraine, highlights the unified approach to the classification of legal norms that exercise human rights and freedoms, as well as problems and development prospects. Now the real protection of human rights is one of the most acute problems of the Ukrainian reality. It serves as one of the most important tasks, not only for the functioning but also for the existence of the Ukrainian state. Therefore, it should be borne in mind that guaranteeing respect for human rights in Ukraine is only possible through effective reform of the power system and compliance with an integrated approach to guarantee human rights, both by the State and by society. civil. It is concluded that guaranteeing the general enjoyment and enjoyment of human rights is a matter of co-responsibilities, which is why it is also negatively affected by the rigid opposition of the political forces, which undermines the sta...

The Role of the Constitution in the System of Human Rights Protection in the Context of European Integration of Ukraine

The Role of the Constitution in the System of Human Rights Protection in the Context of European Integration of Ukraine

This paper deals with the current state of human rights in Ukraine in the context of European integration. Some historical aspects that influenced the formation of a common system of human and citizen rights are considered mostly through the scope of the constitutional process in Ukraine. The practice of the European Court of Human Rights concerning Ukraine has been analyzed as well as the newest set of constitutional amendments draft aimed at the expansion and specification of human rights in the Constitution of Ukraine. Based on this information, conclusions were drawn on the justification for the existence of a significant number of applications against Ukraine and the low level of payments in accordance with the decisions of the ECHR. A number of issues have been identified in need to be resolved in the process of future accession to the European Union. A line was drawn between the constitutional recognition of human rights and freedoms and the functioning of actual mechanisms for the protection of such rights in our country. It is also noted that the difference in the understanding of human rights by different generations of Ukrainians often negatively affects the overall state of things in this area, mostly because the Soviet legacy reflected in " the man for the state " ideology still prevails over " the state for the man " doctrine in modern world.

Implementation of International Human Rights Norms in Ukrainian Legislation

Annual Survey of International & Comparative Law, 1996

Professor Antonovych is conducting research in the implementation of International Human Rights Norms in the Ukrainian legislation. She has written extensively on law and the English language. This article is based on a presentation which Professor Antonovych made at the

Reforming Ukraine: Problems of Constitutional Regulation and Implementation of Human rights

2018

The article focuses on current problems of human rights constitutional provision, protection and implementation in Ukraine in the context of the reforms aimed at Eurointegration. The aim is to brief in the historical aspects of the development of ideas and concepts of human rights in Ukraine, focus on the human rights provision of the active Constitution projected through the ongoing reforms and to expose the correlation between the rights enshrined and their actual implementation. The existing and possible future problems related to the regulation and realization of human rights in Ukraine's reform process are considered. The article reflects the problem of the value approach to human rights, which is directly related to the low level of legal culture and the insufficient level of development of civil society Ukraine. The work also analyses the amendments that have been made to the Constitution since the independence. While presenting the latest developments and drafts regarding the addressed issues, we try to look deeper into the problem, far beyond the formal and procedural concerns, addressing social and cultural barriers in understanding the importance and necessity of the problems under consideration not only by the leadership of the state but also by ordinary Ukrainians.

European Standards of Human Rights in the Practice of the Constitutional Court of Ukraine

Social Legal Studios

The article is devoted to the retrospective analysis of some aspects of the application and implementation of European human rights standards in the constitutional proceedings of Ukraine. It is substantiated that the domestic body of constitutional jurisdiction, realizing its role as an instrument for implementing European human rights standards in national legal practice, actively uses the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the Strasbourg Court as arguments to motivate its decisions. In the future, not only the formal but also the substantive aspect of the use of the Convention and the case law of the European Court of Human Rights in the acts of the Constitutional Court of Ukraine certainly needs special attention. The following analysis will allow to reveal the "quality" of the reference to these international sources and the relevance of references to them. In the motivating part of its decisions, the Constitution...

Peculiarities of Realization of the International Mechanism for the Protection of the Rights of Victims of Armed Conflict in the East of Ukraine

Cuestiones Políticas, 2021

The article analyzes the content of international legal acts related to the protection of the rights of victims of military conflicts. At the same time, its results identify the characteristics of its implementation in Ukraine. It has been established that some of these legal sources have not been ratified by Ukraine or otherwise Ukraine has not given them a binding legal effect. Using a documentary-based methodology close to legal and political hermeneutics, this article develops scientifically sound and relevant proposals aimed at improving the legal mechanism to protect the legitimate interests and rights of the victims of the military conflict in Eastern Ukraine. It is concluded that the current legal problems not only negatively affect the state of law enforcement activity in Ukraine, which is directly related to the content of this process, but also does not allow adequate influence on the determinants that give rise to, and cause military and territorial conflicts in Ukraine,...

Human rights in Ukraine and the EU response, including relevant activities of the European Parliament

The present study provides an overview of how the European Union and the European Parliament (EP) contribute to the promotion and protection of human rights in Ukraine. The analysis adopts an institutional approach, separately addressing the role of the various EP bodies involved, such as the plenary itself and the Subcommittee on Human Rights (DROI). The actions of the EU-Ukraine Parliamentary Association Committee (PAC), a parliamentary body created by the Association Agreement, as well as those of the European Parliament’s Delegation to the PAC are included in this analysis. The territories controlled by the Ukrainian government and those that are temporarily occupied, namely Crimea and parts of eastern Ukraine, are addressed separately in the study. In terms of thematic focus, the EP’s activities aimed at human rights promotion have been dominated by the issue of the Crimean Tatars, the Ukrainian political prisoners illegally held in Russia, and the human rights situation in eastern Ukraine. The most significant conclusion is that the more entrenched the violation of Ukraine’s territorial integrity becomes, the wider the spectrum of human rights issues extends, in protection of which the EP is able to step to the fore and take action. A summary of the contents of relevant EP actions can be found in the Annex to the study, together with a graphical visualisation of key data.