Constitutional and Administrative Justice and Human Rights Protection: Global Experience and the Case of Kazakhstan

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 paper analyzes the protection of freedoms and human rights before the Constitutional Court of theRepublic of North Macedonia. The constitutional framework of freedoms and rights whose protection is under thejurisdiction of the Constitutional Court of the Republic is contained in the provision of Article 110, line 3 of theConstitution. It is very narrow and covers the following human freedoms and rights: freedom of belief, conscience,thought and public expression of thought, political association and action and the prohibition of discriminationagainst citizens on the grounds of sex, race, religion, national, social and political affiliation. Such a narrowframework of freedoms and rights whose protection may be subject to proceedings before the Constitutional Court isnot in accordance with the provision of Article 50, paragraph 1 of the Constitution according to which “Everycitizen can invoke the protection of freedoms and rights established by the Constitution before the courts and beforethe Constitutional Court of the Republic of North Macedonia in a procedure based on the principles of priority andurgency.” This inconsistency creates confusion in the interpretation and application of the Constitution. Theconfusion has been somewhat removed by Article 51 of the Rules of Procedure of the Constitutional Court, whichaccepts the narrowed constitutional framework. But the Rules of Procedure are bylaws that must be fully based onthe constitutional provisions and derive from them.The second chapter of the paper analyzes the procedure for protection of human rights and freedoms before theConstitutional Court of the Republic. From the analysis of the work of the Constitutional Court in the procedures forprotection of human rights and freedoms, it can be concluded that the citizens do not have much trust in theConstitutional Court. In this regard, there are indications that the Constitutional Court views the work on these casesas a secondary, less important matter. Therefore, he does not pay due attention to them which is opposed to efforts toensure effective protection of human rights in a democratic world.Finally, the third chapter of the paper analyzes the need to introduce a constitutional complaint, ie a lawsuit in thelegal system of the Republic of Northern Macedonia. This chapter points out the division of the expert public in theRepublic regarding the need to introduce this legal remedy in the system of constitutional protection of human rightsand freedoms. A comparative review of this issue is then given by listing the countries in which this remedy hasbeen introduced. After the comparative review, the position of the author regarding the introduction of this legalremedy in the Macedonian legal system is presented. According to the author, the introduction of a constitutionalcomplaint or lawsuit will be a particularly major reform in the protection of human rights in the Republic of NorthMacedonia. Its introduction will significantly contribute to the improvement of the responsibility in the work and thequality of the decisions made by the judges in the regular courts and the officials in the state administration bodies.They, knowing that their decision may finally go to review in the Constitutional Court, will undoubtedly work moreresponsibly and with better quality in conducting proceedings and making decisions.

Проаналізовано функціонування інституцій системи державного управління України в контексті забезпечення реалізації та захисту прав людини. Доведено, що європейський вибір ставить перед українським публічним управлінням нові завдання, що стосуються передусім подальшої демократизації суспільства, яка передбачає розширення спектру основних прав та свобод громадян. Констатовано, що державне управління в Україні здійснюється з метою адаптації інститутів громадянського суспільства до європейських стандартів: верховенства права, сталого розвитку, забезпечення пріоритетності прав і свобод у всіх сферах державної діяльності, а також зміцнення демократії. Зазначено, що усе це є необхідною умовою інтеграції України до Європейського Союзу.

The article is devoted to the analysis of the constitutional, legal and economic foundations of the jury trial as a guarantee of legal decision-making. The issue of jury trial remains extremely relevant in the context of building a democratic society and the rule of law. In accordance with the principles of separation of powers, a jury trial is an institution which ensures public control over justice and significantly affects the legitimacy of court decisions. The subject of the study is the constitutional and legal relations related to the functioning of the jury, as well as the economic relations closely related to it. The study of this topic is important for ensuring the effectiveness of justice, protecting human and civil rights and freedoms, and increasing public confidence in the judicial system. The purpose of the article is to analyse the constitutional and legal framework and economic principles underlying the jury trial and determining its role as a guarantor of lawful decision-making in the judicial system. The methodology of the article includes the method of analysis, comparative method, empirical method, method of synthesis and generalisation of results, and historical method. The results of this paper include an analysis of the role and significance of the jury in the legal system, the peculiarities of its composition and procedural functioning, as well as its impact on law enforcement and human rights protection. The publication analyses the constitutional and legal framework of the jury as a guarantee of legal decision-making. The authors analyses the domestic and foreign experience of using a jury trial, examines its advantages and disadvantages, economic factors and impact, as well as the legal acts regulating the activities of a jury trial, and the principles and procedures underlying its functioning. It is concluded that the historical context of the development of the jury trial demonstrates its significant role in the administration of justice. When defining the role and functions of the jury in the modern legal system, one can note its important impact on ensuring fair trial and protection of citizens' rights. However, there are problems and challenges that require attention, in particular, the issue of increasing the effectiveness and inviolability of the jury in practice. The conclusion of the study is that the institution of jurors is crucial for ensuring the fairness of justice and public trust, is determined by the constitutional principles of ensuring its independence, requires improvement of legislation, training of jurors and consideration of economic consequences for its further development, as evidenced by the results of the analysis and comparative methods with the European and American experience.

The Nuremberg tribunal was the expression and the beginning of states' recognition of their duty to prosecute genocide and other gross human rights violations. It was a first step towards fulfillin...

The article examines the interrelationship between the constitutional identity of Lithuania and human rights protection. It is maintained that this interrelationship is apparent through two key aspects. First and foremost, respect for innate human rights in itself constitutes an inseparable part of the Lithuanian constitutional identity. Although the Constitutional Court has not so far directly expressed its position concerning the Lithuanian constitutional identity, the category of fundamental constitutional values, singled out by the Constitutional Court in its decision of 19 December 2012 and ruling of 24 January 2014, is very important in this respect. This category comprises values consolidated in Articles 1 and 18 of the Constitution, such as the independence of the state, democracy, the republican form of government, and the innate nature of human rights and freedoms. These values are indivisible from the Lithuanian constitutional identity, since creating and fostering an independent and democratic state that respects innate human rights is a Lithuanian historical and constitutional tradition. This tradition derives from the fundamental acts of the independence of the state, i.e. the Act of Independence of 16 February of 1918, the Declaration of the Council of the Movement of the Struggle for Freedom of Lithuania, which was adopted in 1949 at the time of the occupation, and the Act of 11 March 1990. This is reflected in the first democratic Constitution of the State of 1922 and is consolidated in the current Constitution. In view of the historically consistent obligation to respect innate human rights, it can be stated that the protection of these rights has become a particular metanorm, expressing the essence of the Constitution as a social contract and supreme law. This is especially evident from the doctrine formulated by the Constitution Court regarding the constitutionality of constitutional amendments in the rulings of 24 January 2014 and 11 July. In its ruling of 11 July 2014, the Constitutional Court held that it is not permitted to adopt any such constitutional amendments that would destroy the innate nature of human rights and freedoms, democracy, or the independence of the state. Consolidating the recognition of the innate nature of human rights, Article 18 of the Constitution formally belongs to those provisions of the Constitution that are subject to the general constitutional amendment procedure. However, taking into account an intrinsic relationship between democracy and respect for innate human rights, the Constitutional Court ranked the innate nature of human rights and freedoms, along with the independence of the state and democracy, as unamendable or “eternal” constitutional provisions. Thus, the innate nature of human rights, as a universal value constituting one of the fundamental elements of the Lithuanian constitutional identity, is under the highest-level constitutional protection. The second aspect revealing the interrelationship between the constitutional identity and human rights protection is the influence of other elements of the constitutional identity on the constitutional standards of human rights protection. In the formation of the official doctrine on human rights protection, the Constitutional Court places considerable importance on the idea of a democratic state under the rule of law. Other elements of the Lithuanian constitutional identity, in particular the principle of respect for international law and the principle of the geopolitical orientation of the state, are also particularly significant for the constitutional protection of human rights. The principle of respect for international law (pacta sunt servanda), as entrenched in Article 135(1) of the Constitution, implies the obligation of the State of Lithuania to comply with the norms of international treaties and customary international law, including the area of human rights. The principle of the geopolitical orientation of the state likewise guides towards openness to international human rights obligations. This principle implies Lithuania’s membership in the European Union and NATO, as well as the necessity to fulfil the related international obligations. The principle of geopolitical orientation, which is underpinned by common values shared by Lithuania with democratic Western states, similarly provides a value-based guidance in assuming international obligations and presumes the necessity to pay regard to the European standards of human rights protection and tendencies in their development. In this context, special importance also falls on the principle of an open civil society, which means that Lithuanian society is open to the international community and tendencies in the development of international law. The self-isolation of the state or disregard for international standards of human rights protection would be incompatible with the principle of an open civil society.

The paper studies the features of administrative liability for violations of human rights and freedoms, as one of the important elements of human protection in modern conditions. The theoretical essence of the concepts "protection of rights", "protection of rights", "guarantee of human rights and freedoms" and "administrative responsibility" is analyzed and their main features are determined. It is established that the international protection of human rights and freedoms is defined as a set of norms governing the joint activities of states to protect violated human rights and freedoms, and provides for the definition of rights, freedoms and responsibilities of citizens to the state and responsibilities regarding the observance and protection of citizens' rights. It is determined that the international mechanism for ensuring human rights and freedoms provides control by the international community through special bodies over the implementation of states' obligations in the field of protection of human rights and freedoms. It is established that the protection of human rights and freedoms is an integral part of the international mechanism for the protection of human rights. It is determined that the Universal Declaration of Human Rights, adopted in 1948 and approved by the UN General Assembly, contained principles that enshrined fundamental human rights. It is established that the system of guarantees of human rights and freedoms in the European Union combines the following three main elements: institutional guarantees, procedural guarantees and material guarantees. It is established that administrative responsibility is a complex sociolegal phenomenon of modern legal reality. It is determined that administrative liability is understood as a type of legal liability, the main purpose of which is to comply with the law and to be liable for an administrative offense in the form of an administrative penalty. It is determined that persons who have committed an administrative offense are administratively liable for offenses related to noncompliance with established rules in violation of human rights and freedoms. It is established that administrative liability and the system of administrative offenses are determined by the Code of Ukraine on Administrative Offenses and other acts of current legislation.

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.

At present, one of the problems that the protection of human rights suffers from a philosophical perspective focuses on the corruption that exists and the poor administration of justice. We must understand that the protection of human rights must not only be limited to the fundamental rights of man, but also to opt for an optimal justice system that can guarantee the safety and protection of citizens. Just as the legal system must guarantee the effectiveness in the application of the norms and in the courts, the problem of corruption must try to diminish so that it is possible to begin to speak not only of a correct administration of justice, but of a correct application from the human rights.

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.

Subject of the research. The article considers two levels in the mechanism of protection of human rights and freedoms: national and supranational. National includes both judicial and non-judicial methods of protection. The supranational level is represented by universal (global) and regional ways. The purpose of the research is to identify an effective mechanism for the protection of human rights that can replace the mechanism of protection provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has ceased to be valid for citizens of the Russian Federation. Research methods are the formal-legal method, analysis, synthesis, formallogical method.The main results. Theoretically, a particular citizen can use any of the national and supranational mechanisms for the protection of human rights. However, the nature of their action and the procedure for gaining access to these mechanisms are different, which affects their effectiveness and the readiness of a person to turn to one or another method of protection. Among supranational mechanisms, the Universal Declaration of Human Rights of 1948 has a unique status: on the one hand, this document is “a symbol of the moral consensus of all states, the starting point for the creation of a modern human rights regime”; on the other hand, it is an act-declaration, the application of which in specific legal relations and the protection of human rights with its help are problematic. The International Covenant on Civil and Political Rights of 12/16/1966 provides for the establishment of a Human Rights Committee that exercises control over the provisions of the Covenant through a system of reports. Reports on measures taken to implement the rights provided for by the Covenant, as well as on non-fulfillment of their obligations under the Covenant by other States Parties, are submitted by States Parties. The mechanism of reports, however, is not reliable enough - there are states that ignore it.Regional Conventions are rightly considered the most effective means of protecting human rights. The implementation of the provisions of the Conventions is ensured by the activities of supranational judicial bodies, to which the applicant can file a complaint. The conditions for applying to such a court, its territorial proximity, the possibility of executing court decisions make this method of protection as accessible as possible. Among the national remedies, first of all, it should be noted the activity of the Constitutional Court of the Russian Federation to protect the constitutional rights of citizens. The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Russian Federation in the section on human rights are almost identical, often written in the same phrases. But, despite the number of coincidences in the designation of human rights and freedoms, the main thing is not the designation (this is a declaration) of a specific right or freedom, but how they are applied and what is the practice of their protection (interpretation) by the Constitutional Court at the national level and the Convention on the supranational. It is here that the understanding of “identical” formulations can differ, and the question of who is better: a national or supranational body protects a particular human right, becomes debatable. It should also be remembered about the very meaning of supranational protection as an opportunity to receive protection from one's own state, albeit a subsidiary one. Therefore, it would be wrong to assume that in the absence of the possibility of applying to the ECHR, a citizen will be able to receive protection in the Constitutional Court without prejudice to the outcome of such protection.Considering that the protection of human rights is, first of all, the activity of national courts of first instance, consideration by the courts of administrative, civil and criminal cases, in cases where it is carried out in full compliance with the norms of procedural legislation, is able to fully ensure the protection of the rights and human freedoms. To do this, the courts have all the necessary tools, you just need the ability and desire to use them.Among the internal structures for monitoring the observance of human rights, a number of state and public bodies can be distinguished - the Commissioner for Human Rights in the Russian Federation, the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, the Public Chamber of the Russian Federation, the police, the prosecutor's office and others. However, it is not possible to attribute them to the effective bodies for the protection of human rights.Conclusions. The existing national and supranational mechanisms for the protection of human rights, in their effectiveness, are not able to fully compensate for the loss of the opportunity for citizens of the Russian Federation to file a complaint with the European Court of Human Rights.

The article examines the place of the Constitutional Court of Ukraine within the national system of human rights protection through the lens of the functioning of the constitutional complaint instrument. It identifies and evaluates the impact of the Constitutional Court’s practice in considering constitutional complaints on the development of constitutional justice and the constitutionalization of social relations.Introduced in 2016, the institution of the constitutional complaint and the Constitutional Court of Ukraine’s authority to consider such complaints were initially perceived as additional measures to strengthen the national system of human rights protection. However, since the Court’s first decision on a constitutional complaint in 2019, this instrument has become the principal form of proceedings concerning the constitutionality of laws in Ukraine. During this period, 73% of the Constitutional Court’s decisions declaring at least one provision of a law unconstitutional were rendered in cases based on constitutional complaints. This demonstrates the systemic significance of such decisions for the constitutional doctrine and the constitutional legal order of Ukraine.These trends indicate a significant impact of natural and legal persons of private law, as applicants in cases initiated by constitutional complaints, on constitutional jurisprudence and the constitutionalization of social relations, which has begun to develop in a bottom-up manner. This has influenced constitutional justice, which now tends to become more individualized in nature. In such cases, the Constitutional Court generally applies contextual interpretation of legal norms and examines the constitutionality of the specific statutory provisions applied in the applicant’s case.An intensification of constitutional review has been observed: during the mentioned period, dozens of laws were brought before the Constitutional Court of Ukraine for the first time. This development has clearly had a positive impact on the state of the rule of law in the country. On the other hand, the growing influence of the Constitutional Court may entail risks of a constitutional crisis, given that at least 28% of cases initiated by constitutional complaints affect economic distribution, particularly in the areas of social protection and pension provision.Although the Ukrainian model of constitutional complaint does not grant the Constitutional Court the authority to restore the violated right of the applicant as a result of constitutional proceedings, the applicant theoretically has the right to seek such restoration through the review of the final judicial decision in its case. Moreover, the Constitutional Court is implicitly obliged, when considering a constitutional complaint, to take into account the manner in which the contested law was applied in the applicant’s case, and, if the law itself is consistent with the Constitution but was applied by a court in an unconstitutional manner, the Constitutional Court shall indicate this in its decision. It is assumed that, upon the review of the applicant’s case, the court is legally bound to take into consideration such a reservation made by the Constitutional Court.These circumstances indicate that the Constitutional Court of Ukraine has assumed a human rights protection function, which, however, is exercised with certain specific features arising from its status as a body of constitutional jurisdiction. If public authorities are classified according to the criterion of human rights protection, specifically by their powers to restore a violated right (direct protection) or to create conditions for such restoration (indirect protection), the Constitutional Court, with some reservation, may be regarded as part of the national system of human rights protection composed of bodies that provide direct protection of human rights. This reservation lies in the fact that the Constitutional Court essentially exists within its own constitutional domain above the entire state system, including the human rights protection system, exercising constitutional review over its compliance with the Constitution.

This paper constitutes a fundamental study aimed at analyzing the institution of the constitutional complaint as a significant element in the system for the protection of citizens' social rights. It highlights the legal establishment and procedural aspects of the constitutional complaint, reviews current judicial practice, and the challenges faced by the Constitutional Court of Ukraine in its consideration. The author's research also focuses on the importance of the constitutional complaint for applicants, revealing its impact on the possibility of a retrial based on the conditions established by the Constitutional Court. The analysis includes an examination of the historical development and legal establishment of the constitutional complaint in Ukraine, paying attention to its role in strengthening legal guarantees and the protection of fundamental rights and freedoms. The influence of the Venice Commission and international legal standards on the formation of the constitutional complaint institution in Ukraine is separately considered. The paper includes arguments for the necessity of further development of the constitutional complaint institution, taking into account national peculiarities and the experience of foreign countries, to ensure effective protection of human rights. The authors highlight the key role of the constitutional complaint in the system of legal guarantees, emphasizing its significance for the democratization of society and the strengthening of the rule of law. The research results make a significant contribution to understanding the conceptual foundations, principles of operation, and legal regulation of the constitutional complaint institution, proposing ways for its optimization and integration into the Ukrainian legal system. The paper's conclusions stress the necessity of ensuring fundamental rights and freedoms of individuals as a key condition for the functioning of the rule of law and the development of a democratic society, defining the constitutional complaint as a significant tool in this process. A detailed analysis of legal aspects, judicial practice, and challenges faced by the Constitutional Court of Ukraine in considering constitutional complaints indicates the need to strengthen mechanisms for the legal protection of citizens' rights and freedoms. Highlighting the motivation of applicants and the role of the constitutional complaint in their legal protection demonstrates its significance both for individuals and for strengthening a democratic rule of law. Analyzing the contribution of domestic and international scholars to the development of the theoretical base of the constitutional complaint institution, the authors underline its importance in forming a legal system aimed at protecting the fundamental rights and freedoms of citizens.

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.