Influence of international legal аcts on human rights on the constitution of Ukraine
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The article covers the historical conditions for the adoption of the Universal Declaration of Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms in which the states of the world and the European community have agreed, systematized and proclaimed fundamental rights and freedoms. This is the historical uniqueness and uniqueness of these documents and their significance for each person and humanity as a whole. It is recalled that in its form the Universal Declaration of Human Rights is a resolution of the General Assembly of the UN and as such can not be regarded as an international treaty, it can not create international legal obligations. But the extremely high humanist content and authority of a document that has influenced the fate of states and humanity since the Second World War, its indisputable role in raising the value and dignity of a person objectively does not allow to see the usual international recommendation in the Universal Declaration. For this reason, during the years of its existence, the Universal Declaration of Human Rights has evolved from a political declaration into a political and legal document. In addition, on the basis of the Universal Declaration of Human Rights, many international and regional legal entities, including the Convention for the Protection of Human Rights and Fundamental Freedoms signed on 4 November 1950 in Rome during a session of the Committee of Ministers of the Council of Europe, were concluded. It is emphasized that the process of Ukraine's accession to the European Convention was rather difficult. On July 14, 1992, Ukraine declared its desire to join the Council of Europe, which at the same time meant acceptance by Ukraine of its basic statutory conditions. On October 31, 1995, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Accession to the Statute of the Council of Europe" and on November 9, 1995, Ukraine signed the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), and the ratification of this Convention became a decisive precondition for the entry of our States to the community of democratic countries of Europe. The Law of Ukraine "On Ratification of the 1950 Convention on the Protection of Human Rights and Fundamental Freedoms, First Protocol and Protocols No. 2, 4, 7 and 11 to the Convention" dated July 17, 1997, the Verkhovna Rada of Ukraine gave consent to the current mandatory ones for Ukraine. international treaties and they, in accordance with Part 1 of Art. 9 of the Constitution of Ukraine, became "... part of the national legislation of Ukraine". It is substantiated that despite the fact that the Universal Declaration of Human Rights and the European Convention significantly influenced the process of elaboration of the provisions of the Constitution of Ukraine, certain provisions of Section II do not fully correspond to contemporary world and European standards, and some of them are abnormally abstract. It is concluded that since all objectives of the Universal Declaration of Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms have not yet been fully achieved, they are still fully up-to-date and require further scientific and theoretical reconsideration and the implementation of practical measures aimed at the efficacy of their provisions.
Authors and Affiliations
V. M Kirichenko, Yu. M. Sokolenko
Keywords
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- EP ID EP574733
- DOI 10.31733/2078-3566-2018-5-128-131
- Views 95
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