International human rights protection systems: universal and European mechanisms and their implementation in the Ukrainian legal system

Abstract

The article examines the universal and European systems for the protection of human rights and the specific features of their implementation in the legal order of Ukraine in the context of the growing role of international standards and institutional mechanisms in this field. The purpose of the study is to provide a theoretical and legal substantiation of the content and structure of universal and European mechanisms for the protection of human rights, as well as to identify ways to improve their practical implementation in the national legal system of Ukraine. The research methods include formal-legal, comparative-legal, systemic and structural-functional analysis, which makes it possible to combine the study of international legal instruments, the practice of international bodies and the norms of national legislation. Based on the analysis of the Charter of the United Nations, the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights, it is established that the international system for the protection of human rights has a multi-level structure in which universal and regional mechanisms interact and complement each other. It is shown that the treaty bodies of the United Nations, the special procedures of the UN Human Rights Council and the Universal Periodic Review mechanism form a comprehensive toolkit of supervision and “soft law” which reinforces the binding judgments of the European Court of Human Rights and national remedies. The findings demonstrate that the legal order of Ukraine is characterised by a high level of formal legal acceptance of international standards, while the practical implementation of universal and European mechanisms remains fragmented and uneven. The study identifies problems of inconsistent consideration of the practice of international bodies in judicial activities, shortcomings in the execution of the judgments of the European Court of Human Rights and the recommendations of UN treaty bodies, as well as insufficient coherence between national institutional mechanisms and Ukraine’s international obligations. The article substantiates the need to strengthen constitutional mechanisms for the protection of human rights, to improve legislative regulation of the status of decisions of international bodies and to develop domestic practice of their systemic application. It is concluded that the further development of Ukraine’s legal order in the context of European integration requires the comprehensive integration of universal and European mechanisms for the protection of human rights into the national system of guarantees of rights and freedoms as a key precondition for strengthening the rule of law and ensuring the effective realisation of human rights in Ukraine.