Means of protection of human rights in the conditions of the Russian-Ukrainian conflict

Abstract

The article is devoted to the study of human rights protection in the Russian-Ukrainian conflict.

The emergence of new human and civil rights and freedoms is always a challenge for the country of their citizenship. Annexation, occupation of Ukrainian territories, military aggression of the Russian Federation (hereinafter - the Russian Federation) forced Ukraine to respond to the problems of Ukrainian citizens affected by the Russian-Ukrainian conflict. And still the mechanism of legal protection of citizens is not ideal neither from the point of view of the legislation, nor from the point of view of practice. And the problem is not only in the shortcomings of the subjects of such protection, which perform the functions of the state, but also in the conditions in which Ukraine was forced to react (and still reacts) to the blatant violation of the fundamental rights and freedoms of its citizens. Although rights and freedoms operate directly, it cannot be said that there is no need to create a mechanism to protect them. The need for a human rights mechanism grows when rights are violated, which is why this scientific publication is proposed. In addition to the activities of state bodies to protect the rights of citizens, the human rights mechanism includes the struggle of citizens themselves for the implementation of the rights and freedoms granted to them by law.

Every citizen should be able to freely choose how to protect their violated rights. At the same time, he must be sure that the state guarantees equal opportunities to use these methods of protection. This is, first of all, a challenge to the state itself to keep the defense, to restrain military aggression and at the same time to protect the rights and freedoms of its citizens. Otherwise, Ukraine's desire for democracy, legality, freedom, equality, humanism, and the rule of law, expressed in constitutional norms and principles, will remain only a declaration of intent.

This paper analyzes state protection as the main protection of individual rights by public authorities.

The Verkhovna Rada of Ukraine (hereinafter - the Verkhovna Rada). The representative nature of the parliament is that this body is an expression of the interests and will of the people, which consists of the entire population of the state. Hence the designation of parliament as a peoples (national) representation. For the system of peoples representation to function, it is necessary for deputies to reflect the political moods and interests of the country; they must be guided by her will. It is established that the representative function of the Verkhovna Rada of Ukraine is carried out through the implementation of a number of representative powers, which, in particular, include the definition of the principles of domestic and foreign policy. The Verkhovna Rada was one of the first to respond legislatively to the aggressive actions of the Russian Federation by adopting a number of regulations aimed at protecting state sovereignty, human and civil rights and freedoms.

It is analyzed that the political direction of the Verkhovna Rada of Ukraine aims to: democratize political relations, improve the institutions of the political system, ensure effective management of social and state processes, increase political awareness and legal culture of society, create conditions necessary for human rights and freedoms and citizen, etc.

So, in this article we addressed the issue of the national idea and asked who should be its main guarantor. The only answer is the President of Ukraine. Moreover, it is the President of Ukraine (and now it is not about the name, but about the position) who must develop the bill «About the national idea of Ukraine» and submit it to an all-Ukrainian referendum. As for the content of the national idea itself, in our opinion, it was formed based on the realities of today and, no matter how primitive it may sound, it should be the independence of Ukraine. According to the results of the study, even if we hope that the armed conflict with the Russian Federation will end, in the practical sense the task of restoring Ukrainian independence will remain for years, and in theory - without independence we can not talk about national unity or further development, nor about an effective mechanism of legal protection of its citizens. And the paradox is that, having gained state independence, the national idea enters a new phase -development, development, the course of which Ukraine has been actively pursuing in recent years. And now we need to regain independence.

Thus, the ultimate goal of a democratic state governed by the rule of law is to ensure the rights and freedoms of man and citizen. The article states that the social conditionality of achieving this goal is inextricably linked with the obligation of the state to create a system of protection of rights and freedoms, as well as to establish clear legal procedures for such protection. Ukraine needs new progressive projects.