International legal means of protecting human rights and freedoms

Abstract

The article deals with the application of international legal means of protection of human rights and freedoms in Ukraine. The content of the main acts of international law, which guarantee the ability to protect their rights and freedoms from illegal encroachments, is studied. The special place of ratified international treaties in the system of sources of law is demonstrated. The author notes that the appeal to the European Court of Human Rights for protection of the rights guaranteed by the European Convention on Human Rights, today is one of the most effective means of protection of the rights that is caused, on the one hand, by obligation of performance by Ukraine of its decisions, with another – recognition by a source of the law the decisions of the European Court of Human Rights which courts are obliged to apply at the decision of specific cases. This makes it possible to recognize the appeal to the European Court of Human Rights for the protection of their rights as a form of self-defense (protection of private interest) and a form of protection of the rights and freedoms of others (protection of public interest). The author notes that Ukraine should solve the systemic problem of non-execution of national courts decisions. This is a violation of the right to a fair trial guaranteed by the European Convention on Human Rights. It is proved that the Constitution of Ukraine guarantees the right of citizens to apply to international judicial institutions and bodies of international organizations (members or participants of which is Ukraine) to protect their rights and freedoms. It is proposed to add to the list of grounds for review of decisions of national courts in connection with exceptional circumstances the fact of violation by Ukraine of international obligations by bodies of some international organizations, especially the United Nations Human Rights Committee and the United Nations Committee on Economic, Social and Cultural Rights. The expediency of recognizing the jurisdiction of the International Criminal Court by ratifying the Rome Statute of the International Criminal Court is substantiated