Третье поколение прав человека и вопрос о правовой защите русскоязычного населения Украины

Abstract

Relevance. The attitude to the violation of the rights of the Russian-speaking population in Ukraine is one of the most relevant examples of the policy of double standards of the international human rights field for the modern Russian Federation, which requires a theoretical and practical response from both the Russian and international human rights communities. The purpose is to investigate the contradictions in the modern theory and practice of international legal protection of the Russian-speaking population in Ukraine and possible ways to resolve the conflict based on the implementation of legal protection of group rights (third generation of human rights) of the Russian-speaking population. Objectives: to show the contradictions in modern theory and problems in international practice of protecting the linguistic and cultural rights of the Russian-speaking population in the post-Soviet space; to consider the moral and legal aspects of protecting the Russian-speaking minority in Ukraine in the context of the concept of group (collective) rights; to point out the possibility of using methods based on the theory of the third generation of human rights to protect the Russian-speaking population in Ukraine and to overcome a long non-international military conflict in the region. The research methodology includes the general principles of scientific cognition: objectivity, consistency, his-toricity, as well as private research methods in the field of the science of law. The results of the study consist in proposals for more active implementation of the policy of legal protection of the Russian-speaking population within the framework of the theory of the third generation of human rights (group rights). Conclusions. As a result of the study, it is shown that theoretical justifications of group (collective) rights or rights of the third generation can and should become the basis for a more objective and broad field of application of legal reme-dies, including the Russian-speaking population in Ukraine and in the post-Soviet space and abroad as a whole.