Features of legal regulation of human rights in armed conflicts

This research aims to study the problem of ensuring effective control over the implementation and observance of human rights and freedoms, in particular, in the format of social rights. The relevance of the stated topic is determined by the expediency of rethinking the nature and significance of social human rights in the context of modern realities, recognising the fact that the quality of life of each individual depends on the possibility of timely implementation of these rights, and therefore special attention should be paid to ensuring effective control over the observance of social rights in the context of democratic legal development. The basis for the research were the following problems: ensuring a sufficient standard of living for citizens in today's challenges and threats, legal certainty as a prerequisite for a stable law and order, lack of clear guarantees to ensure effective control over human rights and freedoms and more. The purpose of this study is to analyse the role and importance of the nature of social human rights as a component of social policy in order to justify the need to improve control in all its forms and manifestations of the effectiveness of their observance, protection and provision in today's conditions. Important methodological tools in the study were the provisions of the dialectical approach, which provided an opportunity to reveal the nature and purpose of social human rights, as well as areas for improving control over their provision and protection. The main results obtained during the research were: coverage of the essence of social rights at the present stage; study of the nature, levels of manifestation and types of control over the implementation and observance of human rights, freedoms and legitimate interests. The value of this work lies in obtaining practical recommendations for finding ways to improve control over the provision and protection of human rights and freedoms in the context of modern democratic development

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Effective control over ensuring human rights and freedoms as a dimension of a democratic society: Social context

Оніщенко

Suniehin

2021

JNALSU

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General Legal Type of Legal Regulation and Practice of the Supreme Court in Ukraine: Features of Objectification

Yaroshenko¹,

Synchuk²,

Radanovych³

2022

JNALSU

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The article presents possible forms of realisation of human freedom in its relations with the state, in particular, through legal regulation of the general permit type. The purpose of the article is to study this type of regulation based on the case law of the Supreme Court in Ukraine, as one of the most effective bodies in ensuring proper balance of interests of the individual and the state, which forms the methodological basis of human rights protection mechanism. The methodological approaches used are anthroposocial – to establish the essential basis of general regulatory regulation, which is associated with self-expression of the individual within the existing legal order, and axiological – to ensure the value nature of law. The general permissive basis of interaction between a person and the state has been identified, which is conditioned by the legislative consolidation of their relations under the scheme “everything that is not prohibited by law is allowed”. This general permitting basis was analysed on the basis of acts of the Supreme Court, which allowed to identify direct and indirect objectification of general permits as the basis of the studied type of regulation. It is proposed to link direct objectification with the fixation in the decisions of the Supreme Court of the full permit structure (“everything is possible except”) or its elements – the main limiters of the general permit (legal prohibitions and legal obligations). It is established that the function of the objectifier of general permission is performed by special legal permits, which are addressed to individuals and are reflected in the concepts of “subjective right” and “legitimate interest”. Indirect objectification is stated through special permits, which are reflected in the construction “allowed directly provided by law.” In this aspect, the issue of state discretion was further developed

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Features of legal regulation of human rights in armed conflicts

Cited by 2 publications

References 15 publications

Effective control over ensuring human rights and freedoms as a dimension of a democratic society: Social context

Effective control over ensuring human rights and freedoms as a dimension of a democratic society: Social context

General Legal Type of Legal Regulation and Practice of the Supreme Court in Ukraine: Features of Objectification

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