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REGULATORY AND LEGAL BASIS OF ENSURING HUMAN RIGHTS IN UKRAINE

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 67)

Publication Date:

Authors : ; ; ;

Page : 80-84

Keywords : human rights; ensuring rights; legal regulation; legal framework; international standards;

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Abstract

The article is devoted to the study of the normative and legal foundations of ensuring human rights in Ukraine. It has been established that the provision of human rights is a single, integral and qualitatively independent phenomenon of the legal system, which is a complex of interconnected and interacting elements that create appropriate legal and factual opportunities for everyone to fully exercise their rights and freedoms. The general provisions characterizing the provision of human rights are singled out, namely: 1) it is a system of socioeconomic, political, legal conditions, ways and means; 2) measures through which the content of the guarantee is expressed, aimed at the actual implementation and protection of the rights that are the object of the guarantee; 3) the specified measures determine the availability of equal opportunities when the subject of law enters a specific legal relationship; 4) the specified measures are a security system of legal and social mechanisms, which was formed in a specific state in accordance with the existing state of development of social relations, etc. It has been established that the regulatory and legal provision of human rights is a complex of interrelated and interacting elements of imperative-normative regulation and organization of the activities of subjects and objects of management, which create appropriate legal and factual opportunities for everyone to fully exercise their rights and freedoms. It is noted that the content of regulatory and legal protection of human rights will be influenced by both the state of functioning of state bodies and the development of democratic institutions in the state. The fundamental normative legal acts, which in a certain way ensure human rights, are singled out. Emphasis is placed on the limitations of human rights during the legal regime of martial law. It was established that the provision of human rights during the legal regime of martial law should correspond to general ideas about human rights, taking into account corrections that cannot be rejected. It was revealed that the right to confidentiality of personal data under the conditions of the legal regime of martial law was subject to certain restrictions. This is mediated by the fact that access to personal data and its processing provide an opportunity to help contain and overcome threats to national security.

Last modified: 2023-12-18 22:47:04