ПРОБЛЕМИ ВИЗНАЧЕННЯ ПРАВОВОГО ЗВ’ЯЗКУ ВПРОВАДЖЕННЯ ТА РЕАЛІЗАЦІЇ ПРОТИЕПІДЕМІЧНИХ ЗАХОДІВ ІЗ ЗАХИСТОМ ПРАВ ЛЮДИНИ І ГРОМАДЯНИНА

Abstract

Purpose. The purpose of the article is to establish current problems of determining the legal connectionbetween the introduction and implementation of anti-epidemic measures for the protection of humanand citizen rights and to substantiate ways to improve its legal regulation. Methods. The article usessystem structural, structural logical, logical semantic, formal legal, comparative law, induction anddeduction, analysis and synthesis and other methods of scientific knowledge. Results. In the firstsection of the article, immediately after the introduction, the current state of the normative legalregulation of human and citizen rights in the field of introduction and implementation of anti-epidemicmeasures is determined. The second section of the article examines what rights and freedoms areprotected through the introduction and implementation of anti-epidemic measures. In the third –what legitimate goals (public interests) are pursued by their implementation in accordance with theprovisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. Inthe fourth – restrictions on what rights may be accompanied by the implementation of anti-epidemicmeasures. In the fifth – whether the possibility and admissibility of restrictions on human rightsin cases of introduction and implementation of anti-epidemic measures is fixed at the legal level.Conclusions. In conclusion, it is emphasized that the principle of the rule of law provides for thehighest priority of human rights and freedoms, therefore any restrictions on rights and freedoms andthe anti-epidemic measures associated with them in this case must be legal, understandable andproperly justified. In this regard, no gaps, inaccuracies, or conflicts in the legislation regulating theintroduction and implementation of anti-epidemic measures can be acceptable.Noted, that the problems of legal regulation discussed in the article must be corrected byintroducing appropriate changes and additions to the current legislation.In particular, it is proposed:1) clarify the purpose of implementing anti-epidemic measures, adding to it the protection of therights and freedoms of citizens, early indicating which rights they are aimed at ensuring; 2) amend the Law of Ukraine “Basics of Ukrainian legislation on health care”, correcting theerror in which independent fundamental rights are attributed to the content of the equivalent rightto health care;3) clearly establish in the anti-epidemic legislation an exhaustive list of rights and freedoms ofcitizens, which may be limited in the introduction and implementation of anti-epidemic measures,under what conditions, period, for what purposes and to what extent.