Abstract
Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.
Highlights
INTRODUCTIONThe Universal Declaration of Human Rights (1948) (hereinafter “the Declaration”) has established the basic limits of acceptable behavior for all individuals
The Universal Declaration of Human Rights (1948) has established the basic limits of acceptable behavior for all individuals
Given the complexity of the situation facing the world community, legislator, and legal science, it is necessary to comprehensively consider this multifaceted problem in various aspects of jurisprudence, as it manifests itself in certain areas of law but to some extent for the whole array of legal regulation, to how the Covid-19 pandemic affects every area of human life
Summary
The Universal Declaration of Human Rights (1948) (hereinafter “the Declaration”) has established the basic limits of acceptable behavior for all individuals Such powers and freedoms under this international law treaty include the right to life, liberty, the security of person (Article 3), the recognition of legal personality (Article 6), equality before the law and the courts (Article 7); effective renewal of their rights (Article 8), freedom of privacy and family life, inviolability of the home, the secrecy of correspondence, honor, and reputation, and protection of the law against interference with or infringement of such rights (Article 12), freedom of migration (Article 13), thoughts, conscience, and religion (Article 18), beliefs (Article 19), peaceful assemblies and associations (Article 20), and in Part 2 of Art. Article 29 of the Declaration stipulates that in exercising their rights and freedoms, everyone should be subject only to such limitations as are prescribed by law solely to ensure the proper recognition and respect of the rights and freedoms of others and to ensure fair moral, public order and the general welfare in a democratic society. Article 29 of the Law of Ukraine “On protection of the population from infectious diseases” regulates the procedure for quarantine in Ukraine. Given the complexity of the situation facing the world community, legislator, and legal science, it is necessary to comprehensively consider this multifaceted problem in various aspects of jurisprudence, as it manifests itself in certain areas of law but to some extent for the whole array of legal regulation, to how the Covid-19 pandemic affects every area of human life
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