A brief reflection on the impact of the Universal Periodic Review on the efficient investigation of hate crimes in Hungary

Problem setting. The current state of affairs in society requires increased attention to the protection of human and citizen rights and freedoms. Martial law, as a legal regime, causes significant changes in the functioning of state institutions and society in general, endangering the basic rights and freedoms of citizens. Under such circumstances, it is especially important to develop and implement innovative approaches to ensuring the protection of human rights, which would take into account the specifics of the state of war and, at the same time, act as guarantors of compliance with the basic principles of the rule of law. This requires not only the reform of the legislation, but also the introduction of new technologies and methods that will allow more effective protection of citizens’ rights even in difficult conditions. Innovative approaches should be based on an increased level of awareness and training of both state bodies and civil society regarding mechanisms for the protection of rights in wartime. Analysis of recent researches and publications. Important aspects of the issue of innovative approaches to the protection of human and civil rights and freedoms have been studied by R. Shai, S. Husarov, O. Gilyaka, V. Kovalenko. However, despite the considerable experience in this area, the issue of introducing innovations to protect human rights and freedoms has not been fully explored. Purpose of the research is a comprehensive study of the features of innovative approaches to the protection of human and citizen rights and freedoms under martial law. This involves an analysis of the latest technologies, legal mechanisms and organizational solutions that can be effectively used to protect civil rights in emergency situations. In addition, the article examines the challenges and prospects of implementing these innovative approaches in the context of Ukrainian realities, in particular, taking into account socio-economic and legal aspects. Article’s main body. The research materials are: 1) normative and legal support for the protection of human and citizen rights and freedoms under martial law, including international conventions, domestic laws and by-laws; 2) works of domestic and foreign authors who conduct scientific and practical research in the field of human rights, innovative technologies and methods of protecting rights in armed conflicts. In the research process, the following scientific methods were used: theoretical generalization and grouping – to characterize the components of the system of protection of human and citizen rights and freedoms in the conditions of martial law and functions related to ensuring security; the method of formalization, analysis and synthesis – for the study of the domestic and the needs for the protection of rights in the conditions of martial law; comparative analysis – to develop different strategies and approaches to the protection of human and citizen rights in the conditions of martial law. The generalization of the results was used to formulate conclusions and develop recommendations for improving the system of protection of rights and freedoms in similar conditions. Conclusions and prospects for the development. The protection of human rights under martial law is a complex and multifaceted task that requires an integrated approach, including legal, administrative and socio-economic processes. The war caused and continues to cause a lot of grief, destroying everything in its path, the most valuable of which is human life and health. The main goal currently remains the issue of effective protection of a person and a citizen from external dangers lurking in modern Ukrainian society. This study aims to analyze approaches to the protection of human rights under martial law, determine their effectiveness and outline ways of improvement. Special attention is paid to the study of international experience and the possibility of its adaptation to modern Ukrainian conditions. As a result, it is planned to develop recommendations for the implementation of innovative approaches that will contribute to strengthening the legal protection of citizens in the conditions of martial law, increasing the level of their security and well-being.

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

The article is devoted to the mechanism of protection of human and citizen rights. In the course of the study, it was established that the essence of the mechanism for the protec-tion of human and citizen rights is the mechanism of legal regulation and the mechanism for the realization of rights in this area. Its content is the interaction of these institutions. It has been found that the basis of the mechanism for the protection of human and citizen rights are normative acts that mediate the system of state and municipal authorities by determining their legal status, granting them appropriate competence, and outlining the procedural and procedural order for their implementation in order to achieve the goal of protecting human and citizen rights, as well as the possibility of citizens taking certain ac-tions to protect their rights. It has been established that the system of institutions designed to protect human and citizen rights is fixed in the constitutional provisions. However, this fact is not a safeguard against improper treatment by state law enforcement agencies, as evidenced by numerous decisions of the European Court of Human Rights. The protection of human and citizen rights under martial law and during war is ana-lyzed. The compliance of the first with the standards of world practice has been clarified. Problems related to specific protection during war were identified, in particular, the inef-fectiveness of international mechanisms for the protection of human rights in wartime, the discrediting of international political and legal norms and principles in this area. It is proposed to improve the national mechanism for the protection of human and citizen rights by means of legal monitoring of normative legal acts, which fix both the mech-anism of legal regulation of this area and the mechanism of its implementation, and there-fore the legal reform of national institutions called to protect human and citizen rights; strengthen the responsibility of authorized subjects for actions that go against the authority to protect human rights.

This article is devoted to consideration of issues that cover the most sensitive and popular topics of today, in particular, the protection of human and citizen rights during escalation, assistance in the protection of fundamental rights by the international representation. Respect and protection of human rights is one of the leading principles of international law, enshrined in international legal treaties. All countries must adhere to the principles of freedom, democracy, respect for human rights and fundamental freedoms.Human rights, which are enshrined in current international legal treaties, are the result of the long-term historical development of social and political thought, the gradual formation of standards that have become the norm for the life of a modern democratic society. The author examines the provisions of the most famous international documents related to the protection of human rights during an armed conflict: the Convention for the Protection of Human Rights and Fundamental Freedoms, the additional protocol to the Geneva Conventions of , relating to the protection of victims of armed conflicts of a non-international nature (Protocol II) of June 8, 1977 year, the International Covenant on Civil and Political Rights of December 16, 1966 and other international documents relating to armed conflicts of a non-international nature. The international system of human rights protection is part of the system of international relations as a whole, but on the other hand, it is a system of international law, forming one of its branches. There are three main points of view regarding the place of human rights in international relations. According to the traditional statistical approach, human rights are a matter of sovereign state jurisdiction and continue to be a secondary object of international relations. There is a need to ensure human rights under any circumstances. An important priority in international cooperation is the protection and guarantee of human rights during armed conflicts and conflicts of a non-international nature. To date, international law refers to armed conflicts with condemnation, aggression, and prohibits any kind of war in general. But unfortunately, this is our reality of modern stages of human development.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

The state of the environment in general and the negative effects of armed conflict in particular are issues to be addressed. The impact of these factors on human rights is obvious. The purpose of this article is to analyze norms and practice of international law to determine the possibility of the protection of environmental human rights in the context of armed conflict. The analysis of international legal norms shows a deficit of special rules providing for the protection of environmental human rights in the context of armed conflict. The volume of international law providing for the direct protection of the human right to a healthy environment is extremely limited. They represent the norms of "soft law" and are not legally binding or, in the most general terms, are enshrined in some regional instruments. The existing state of international legal regulation of this issue necessitates recourse to international judicial and non-judicial bodies. In this context, the practice of the African Commission on Human and Peoples Rights, Inter-American Commission on Human Rights, the European court on Human Rights, as well as acts adopted by the treaty bodies on human rights concerning the protection of individual human rights because of damage to the environment, may be relevant. The analysis of such practices and acts shows that the protection of environmental rights of the individual in the context of other human rights, namely: the right to life, right to adequate standard of living, the right to the highest attainable standard of health, right of ownership etc. In general, the protection of environmental human rights in the context of other human rights is possible in the conditions of an armed conflict, taking into account the characteristics of the latter. Therefore, this approach can ensure the protection of environmental human rights in the context of armed conflict.

The subject of the research is criminal law rules that provide for criminal liability for hate crimes and the judicial decisions of the European Court of Human Rights on hate crimes. The purpose of the article is to confirm or refute the hypothesis that a unified approach to the definition of the legal concept of hate speech and the limits of its application is nec-essary. This approach must be based on the legal positions of the European Court of Hu-man Rights The research methodology includes analysis and interpretation of court decisions of the European Court of Human Rights, as well as a dialectical approach to the analysis of vari-ous points of view to the definition of extremist activity. The main results and scope of their application. The relevance of the research proposed for publication is due to the lack of uniform practice of applying the articles of the Russian Criminal Code on so-called "hate crimes" by Russian courts and the presence of signifi-cant contradictions in the positions of the European Court of Human Rights and the state position of the Russian Federation in defining key concepts in this area that are extremely important for criminal procedure and administrative activities. The paper considers scien-tific and practical attempts to define "hate crimes" in the global and regional human rights systems, basic recommendations of the UN on countering such crimes, and offers an interpretation of the term hate speech in relation to the related criminological concept of hate crime. The text provides statistical data describing the level of such crime and the practice of the ECHR in this area, mentions a list of criteria according to which "hate crimes" can be motivated by language differences, gender, sexual orientation and other characteristics, as well as criteria that distinguish hate speech from freedom of expres-sion, and suggests decriminalization of part 1 of article 282 of the Russian Criminal Code. Conclusions. It is necessary to unify the concepts of "hate crimes" (and the practice of their application) in the direction of, in particular, reducing the number of decisions of the European Court of Human Rights against the Russian Federation and increasing the level of legal protection of both the individual citizen of the Russian Federation and freedom of speech and expression.

This study aims to examine and analyze the implications of human rights protection in criminal law. The results of the study indicate that human rights protection is one of the important principles in criminal law. Human rights protection in criminal law aims to ensure that everyone suspected or accused of committing a crime receives fair and humane treatment. Human rights protection has become a major focus in the context of criminal law in various countries. This article explores the implications arising from human rights protection within the criminal law framework. In this context, the main focus is on how human rights principles influence the formation, application, and implementation of criminal law. This article discusses the basic concept of human rights and its relationship to criminal law. Then, emphasis is placed on the role of human rights in influencing the legislative process, law enforcement, and criminal sentencing. The consequences of human rights violations in the context of criminal law are also debated in depth. Thus, a thorough understanding of the implications of human rights protection in criminal law is essential to ensure that the legal system can maintain the right balance between justice, individual protection, and effective law enforcement.

The legal aspects of the protection of human rights are determined. It is characterized that an important place among the wide range of problems that legal science deals with today belongs to the problem of protecting human rights. The level of ensuring human rights and freedoms is determined by the development of mechanisms and the development of means, measures and procedures used in the protection and protection of human rights and freedoms, which allows us to talk about the security and safety of the individual in the state. The current state and problems of the implementation of the protection of human rights are considered. A generalized analysis of issues regulating the protection of natural human rights is carried out, and their limitation is impossible in any conditions. The vital activity of citizens in the conditions of martial law requires the improvement of the protection of human rights, which makes the perspective of the problem and forms vectors for further research. The issue of the protection of human rights, which is embedded in the key norms of international humanitarian law, which protects a person from the consequences of war and concerns each of us, is revealed, but it is still not well known to people. The mechanism of observance and implementation of the norms of international humanitarian law is within the framework of international legal measures aimed at intensifying interstate cooperation in order to ensure the commitments made at the international level, i.e. is carried out within the normative organizational limits of implementation at the international level. Attention is drawn to the fact that the system of a complex of such regulatory and procedural measures includes control measures that underlie and act as an essential element of the international mechanism for the protection of human rights. However, human rights are not only a means and a way to protect an individual from any encroachment. Human rights are the main nerve of social development, state structure, relationships between society, man and the state.

The paper is devoted to the consideration of the principle of sovereignty in the context of ensuring human rights and freedoms. It analyzes the norms and provisions of the Constitution of the Kyrgyz Republic that enshrine the institution of human and civil rights and freedoms and guarantees of their implementation, examines the mechanism for the implementation and protection of human rights and the role of sovereignty in ensuring their implementation and protection. With the help of formal legal, structural-functional and comparative legal analysis, the author determine the causes of conflicts and contradictions in the legislative system that complicate constitutional and legal regulation in the field of human rights and freedoms. As a result of the research, the author came to the conclusion about the exceptional importance of sovereignty in ensuring implementation and protection of human and civil rights and their inverse correlation. The author explains the constitutional novelties guaranteeing the protection of human rights and freedoms in the Kyrgyz Republic; considers some effective mechanisms for the protection of human rights and freedoms. At the same time, the author highlights some errors in the reflection of certain elements of the legal status of an individual in the constitutional matter, which can determine the appearance of contradictions and conflicts in legal regulation and, thereby, lead to imperfection of the mechanism for the exercise of rights and freedoms, as well as human responsibilities. The author justified the need for the State to rely on constitutional values, as well as to ensure the supreme legal force of the Constitution due to the insufficient effectiveness of international law in ensuring human rights and freedoms and, at the same time, the expediency of explicitly reflecting in the Basic Law the ratio of international and national legislation.

The study is devoted to the examination of the essence of judicial protection of environmental human rights and the definition of the concept of “judicial protection of human rights”. The relevance of the study is due to the importance of the subject of judicial protection of environmental rights in war conditions. In the context of the implementation of the purpose of the study, the issues of judicial protection of environmental human rights in general and in war conditions, the study of legal doctrine and legislation in the relevant field, considering the judicial practice of resolving relevant disputes, are identified. During the study of the issue of judicial protection of environmental human rights, a comparative legal method was used, which helped to analyse and compare scientific views, theories, and approaches and consider problematic issues for their further solution. Due to the generalisation method, forecasting or proposing statements for improving the legal regulation of the protection of environmental human rights is applied, and due to the analysis method, the features of the principles of legal regulation of the protection of environmental rights are determined. In addition, the study is accompanied by quoting normative regulations, in particular, international treaties, which regulate all events that are currently taking place between Ukraine, the Russian Federation, and Belarus, but notes the non-fulfilment of such international treaties by Belarus and the Russian Federation. The study analyses the opinions of researchers in the field of environmental rights protection, which generally characterise the judicial practice of considering environmental disputes and emphasises the need to increase public activity in the protection of violated environmental rights. The study considers the practice of judicial protection of environmental human rights and describes the problems that exist in the context of the protection of environmental human rights. The specific features of judicial protection of environmental human rights are identified and the main examples of substantial violations of environmental human rights during the war with the Russian Federation are indicated, it is indicated what actions of the Russian Federation and Belarus caused damage to Ukraine in the field of environmental safety, with direct indication of specific objects that were hit by military equipment, as a result of which there is still a risk of environmental disasters not only in Ukraine but also in neighbouring countries. The proposals for improving the judicial protection of environmental rights outlined in this study are unique and effective for compiling scientific texts and conducting classes in the relevant field of law.

The term ‘disablist hate crime’ is contested; it is used as shorthand for myriad manifestations of hostility, violent attacks, including physical and sexual assault, rape, theft, murder, captivity and damage to property (Thomas, 2011). A common understanding of the term ‘hate crime’ is hostile actions against individuals with certain characteristics. The actions can involve opportunistic street crime, physical assault and damage to residences, including arson. The perpetrators do not usually have a relationship with their victims, but may be known to live within the same neighbourhood. They are generally considered to be motivated by hatred of a perceived group. There are similarities between these types of targeted attacks against disabled people and people in other identity groups, such as BME communities, lesbians and gay men, and transgender people (Macdonald, 2008). ‘Hate crime’ is officially recognised (Crown Prosecution Service, 2007). Earlier critical analysis of ‘hate crime’ has been developed from knowledgeof racist ‘hate crime’, forming a useful basis from which to develop, but the use of a ‘race model’ as the template for disablist hate crime policy is seen by some as misplaced (Roulstone, Thomas and Balderston, 2011). For example, a racist attack on an individual may be, or may be taken to be, an attack on a community, and where that community has the capacity there may be reprisals and events can escalate. This is not the case with disablist hostility, since disabled people are often isolated, not part of a community, and possibly even isolated from their own families. Iganski’s (2008) study highlighted the opportunistic nature of most racist ‘hate crime’, everyday conflicts aggravated by racist hostility, often committed by ordinary people going about their ordinary business. The person who is attacked may recognise their attackers as being local. There does not seem to be any attempt to feign friendship in order to carry out this type of attack, nor to steal cash or goods. In comparison there are few recorded incidents of this kind against disabled people. However, there is a growing body of evidence, and growing media interest raising the profile of disablist hostility. There are reports of disabled people being subjected to opportunistic hostility, and of disabled people being singled out and victimisedGrattet and Jenness (2001) question the usefulness of a concept of crime whichis motivated by perceived difference. They question the benefits of emphasising what could be seen as a ‘special needs’ approach, since this reinforces, rather than alleviates, cultural differences between individuals in different social and administrative groups. But they also realise that treating people as if they are all the same does not challenge stereotypes and does not equalise people’s situation, creating a ‘dilemma of difference’. Reducing the issue to an individual level does not convey the influences of cultures, which allow and perpetuate the oppression of certain groups. Acts of hostility against disabled people on the street or in neighbourhoods, bullying and harassment – such as name calling, throwing missiles at individuals, or at their homes, indicate similarities with incidents which are recognised as ‘hate crime’ against other groups. These acts of hostility against a disabled person may not amount to crime, but nevertheless hurt psychologically and emotionally. A disabled person who has been attacked knows that they are more likely to be targeted again than a person without that characteristic (Macdonald, 2008); the cumulative effect is demonstrated in the case of Fiona Pilkington.

The article draws attention to the fact that international protection of rights during armed conflicts plays an important role, and it must be effective for its implementation in countries in armed conflicts Regardless of its nature, whether international or non-international armed conflict, it threatens the realisation of most fundamental human rights and freedoms, including the most important natural human right - the right to life. The author examines the problems of international protection of human and civil rights in armed conflicts, the history of international campaigns to protect human rights in various paramilitary attacks, and the new international policy on human rights protection during the Russian-Ukrainian war. The purpose of the article is to analyse the international protection of human rights in the context of historical challenges and current armed conflicts, highlighting key issues, aspects and possible ways to improve existing legislation and practice. Case studies will also be considered to better understand the dynamics of human rights protection during armed conflicts and the role of international organisations in this process. The article concludes that international norms and treaties aimed at protecting human rights remain relevant and effective even in the most difficult conditions, such as armed conflicts. International human rights law, in particular, as defined by specific instruments, provides the necessary framework for the protection of fundamental rights and dignity of people even during hostilities. It is noted that it is important that the international bodies responsible for the implementation and enforcement of these norms confirm the inalienability of human rights protection in conflict situations. The condemnation of war crimes, genocide and violations of international humanitarian law indicates that the international community recognises the importance of protecting fundamental rights during war. It is emphasised that even in exceptional situations, when states take measures to derogate from their obligations due to the threat to the life of the nation, the preservation and protection of human rights remains a central task of the international community. It is important to continue to improve the mechanisms and instruments of international law aimed at ensuring the effective protection of human rights in time of war, thereby contributing to stability, justice and human security in the world.

The article examines the philosophical and legal aspects of the digital transformation of the legal system and its impact on the status and mechanisms of protection of human rights and freedoms in the context of digital turbulence. The purpose of the study is to analyse the processes of digital transformation of the legal system from the standpoint of philosophy and ethics, and to identify the main challenges and risks arising in the field of protection of human rights and freedoms in the context of digital turbulence. Objectives of the study: 1) to clarify the terminological clarification of the key concepts of digital transformation of the legal system as a philosophical challenge to the protection of human rights and freedoms; 2) to reveal the phenomenon of protection of personal data and digital identity of a person in the age of digital turbulence; 3) to analyse the phenomenon of attorneys-at-law ethics and ethical requirements in the context of the digital age; 4) to outline the philosophical and legal framework for the protection of digital human rights in the context of the growing turbulence of the digital age and to analyse the challenges arising in the process of transformation of the legal system. The author analyses the content of the concepts of ‘digital transformation’, ‘digital turbulence’, ‘digital humanism’, as well as the ethical dimensions of advocacy in the new realities. Particular attention is paid to the issues of digital rights, personal data protection, digital identity and challenges arising in the field of attorneys' ethics. The author substantiates the need to update the philosophical and legal approaches to human rights protection and to strengthen the ethical responsibility of the legal community in the context of global digitalisation. It is determined that digital humanism should become the conceptual basis of the legal policy of the future, focused on human beings, their dignity and freedoms. Thus, the analysis of the dynamics of turbulence in the digital age and the philosophical and legal challenges to the protection of digital human rights is extremely important for understanding current trends in the development of the legal system and for formulating effective strategies for adapting human rights practice to the requirements of the digital age. Thus, digital rights, digital humanism and legal ethics interact as components of a single complex that provides not only a legal but also a philosophical and ethical basis for protecting people in the face of digital turbulence. This opens up new perspectives for the development of a legal system focused on human beings as the central value of the digital age.