ОСОБЛИВОСТІ ПОЗИТИВНИХ ДІЇ ДЕРЖАВИ В КОНТЕКСТІ РОЗУМІННЯ ПРАВ ЛЮДИНИ

Abstract

The article focuses on the features of positive actions of the state in the context of understanding human rights. The relevance of the topic for today is revealed and the need for further study and discussion is presented. The scientific and practical significance of the positive obligations of the state is substantiated. Specific examples analyze the "dual" protection of human rights and freedoms in Ukraine: constitutional and Convention. Ukraine, having signed the European Convention on Human Rights, has a positive commitment. This means that the state must do everything it can to prevent human rights abuses and be bound by the obligation to regulate such relations. There are different opinions in society about this. In particular, it is said that Ukraine's ratification of the European Convention on Human Rights has created a new legal situation in the human rights protection system in Ukraine. The lawyers were urged not to depart from the provisions of the European Convention on Human Rights and to base their decisions on the Court's case-law on cases of breaches of these rights. However, the European Court of Justice has repeatedly ruled that Ukraine has failed to fulfill its positive obligations. In view of this, the problems of their practical application remain unsolved. At present, there is a brake on their process, which leads to violation of fundamental human rights. The focus is on issues that need to be scrutinized in order to formulate a coherent doctrine of the state's positive human rights obligations.