The basic properties of the mechanism of protection of human rights
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
A real opportunity to implement the fundamental human rights of a specific person is provided primarily by national and international legal mechanisms. Current status, trends and dynamics of development of the mechanism of human rights protection in Ukraine requires a comprehensive and integrated theoretical and legal research of legal instruments. In legal science there is no uniform approach regarding the definition of mechanism for the protection of human rights, although under different legal concepts have already been attempts to define his essence. Most scientists the mechanism of protection of human rights understood as a system of efficient legal instruments (means and methods of implementation) and protection of human rights, which is the responsibility of the state in the person of its authorized bodies, the constituent elements of which are: legislative support; institutional (regional) component and the relationship between them. In our view, legal instruments in the mechanism of protection of the rights of man and of the citizen should primarily be regarded as legal norms regulated the activity of state bodies or actions of the subject of protection aimed at realizing the right to protection by using certain methods and means. The choice of protection mechanism depends on different circumstances: from the nature of the offense, the nature of the relationship, the will of the subject of protection, damages etc. However in certain cases the provision of the law specified how exactly using a suitable tool may be protected by specific human right which has been violated. Protection of the rights of citizens is carried out with the use of norms of different branches of the law that speaks of the accessories mechanism of human rights protection to the integrated (intersectoral) legal Institute. Given this, it is impossible to conclude that the law binds freedom of choice of ways to protect only those legal instruments that are inherent in a particular sphere of public relations. Man has the right to choose a particular remedy (as in administrative vertical, and in a judicial order). Any kind of protection to achieve a certain purpose, which is to prevent violations of rights and the restoration of already broken rights. Determination of protection determines the existence and other features – timeliness. The objective of the protection of citizens ‘ rights makes sense only under the condition of certainty of protection in time. The extent of protection of the rights of citizens depends on forms and methods, and the tools used in the protection. Failure to adhere to these in legislation, within which the elimination of violations or reinstatement of rights, negates all efforts to protect these rights (Statute of limitations). The tightening procedure of protection of citizens ‘ rights can complicate the situation, and for a long period of not paying for protection can create uncertainty in disputes, and may lead to the loss of relevance of the protected rights (expiry of the criminal prosecution). In this regard, it is necessary not only timeliness, but also the maximum speed of the ongoing action for the protection of violated human rights instrument.
Authors and Affiliations
Volodymyr Gavrilenko
Keywords
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