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Dmytro DUBINKO,

Acting Director-General, the State Enterprise “Information Judicial Systems”, a candidate, the National Pedagogical University named after M.P. Drahomanov

REALIZATION OF THE PRINCIPLE OF HUMAN RIGHTS AS THE BASIS OF THE CONVOLUTIONAL PROCESS

European civilization at the regional and national levels gained a large amount of legislation for the administration of justice in the protection of rights and freedoms. However, neither the European Convention itself nor its mechanisms are intended to somehow replace the national systems of human rights protection. Their goal is to provide an additional guarantee to those human rights protection systems created by national legal systems. In most states parties to the Convention, the rules really have become domestic law, and thus, any person may sue or appeal to a court of general jurisdiction based on the rights assigned to it by the Convention. Consequently, national democratic justice systems must adhere to the general norms of the European Union for the protection of human rights and freedoms. The European Court of Human Rights plays an important role in establishing the principle of human rights as a basis for fair trial. The actual observance of human rights has become an indicator that determines the degree of democracy and humanity of the state as a whole and the judicial system in particular. Complementing and specifying previous EU legislation on human rights, 7 December 2000 at the Council of Europe adopted Charter of Fundamental Rights of the European Union. The Charter formulates 54 articles relating to almost all fundamental human rights and freedoms known in the practice of international co-operation. The aforementioned list covers the basic rights and freedoms of the person to be guided by European countries in the conduct of legal proceedings. At the same time, it should be emphasized that the Council of Europe adopts political acts that have no legally binding force. But are based on or considering their claims of conventions and agreements concluded, and implementation adopted within the Council of Europe to create and strengthen European international legal framework in the field of human rights and fundamental freedoms.

Keywords: man, culture, politics, law, legal proceedings.

References

Kamenchuk NM Human rights in European legislation. Topical issues of modern sciences: materials of the international. Research Practice Conf. (Vinnytsia, November 17, 2015) / NGO "European Science Platform" (with the support of the CCI of Ukraine) and а Iraqi-Ukrainian Business Council); М. А. Panasyuk.Vinnitsa, 2015. Vol. 3. P. 194–201 [ukr.]

Koshevarov V.P. International Law: Educ. tool. VP Koshevarov. K .: True, 2009. 208 p. [ukr.]

Ozersky I. V.  Legal nature of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Economy. Finances. Right. 2004. P. 17–19 [ukr.]

Yurchyshyn V. D. Practice of the European Court of Human Rights as a Source of Law: Conflicts of National Legislation and Ways to Resolve It. Scientific works of the National University "Odessa Law Academy".  2012. Vol. 11. P. 47–55. [ukr.]

Sereda T. M. The practice of the European Court of Human Rights as a source of judicial enforcement. Bulletin of the High Council of Justice. 2013. № 1. P. 134–141 [ukr.]

Tolochko O. Humanization of the modern model of criminal process in Ukraine. Bulletin of the National Academy of Public Prosecutor's Office of Ukraine. 2016. № 2. P. 11–17 [ukr.]

Charter of Fundamental Rights of the European Union. Official Journal of the European Communities. 2000/C 364/01. URL: http://www.europarl.europa.eu/charter/pdf/text_en.pdf [engl.]

Lecture by Professor V. Mytsyk: “Institutional Mechanism of the European System of Human Rights Protection”. European rights. 2013. № 1-2. P. 157–168 [ukr.]

Shevchuk S. Coherence of the case law of the European Court of Human Rights and the Constitutional Court of Ukraine. Bulletin of the Constitutional Court of Ukraine. 2011. №  4–5. P. 122–130 [ukr.]

The Constitution of Ukraine in the rev. dated 30.09.2016, ground 1401-VIII. URL: http://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80 [ukr.]

On the Judiciary and Status of Judges: Law of Ukraine in Ed. from 05.08.2018, the ground 2509-VIII. URL: http://zakon.rada.gov.ua/laws/show/1402-19http://zakon.rada.gov.ua/laws/show/1402-19 [ukr.]

Garust Y. V., Bondarenko O. S. Judicial reform as a major factor in restoring the confidence of Ukrainian society in power. Law and Innovation. 2016. № 2. P. 41–47 [ukr.]

Kuibida R. Justice Reform in Ukraine: Status and Perspectives: A Monograph. К.: Atika, 2004. 288 p. [ukr.]

Khotynska-Nor O. Z Impact of "small judicial reform" on the development of the judicial system of Ukraine: organizational aspects. Judicial appeal. 2016. № 1. P. 6–15 [ukr.]

ІІІ International Judicial and Legal Forum "Judicial Reform in Ukraine: European Vector". Bulletin of the Supreme Court of Ukraine. 2015. № 5 (177). P. 4–13 [ukr.]

Koroed S. O., Kresina I. O., Prylutsky S. V. Concept of judicial reform of Ukraine. Judicial appeal. 2015. № 3. P. 6–34 [ukr.]