Europe’s Poor Relations? Nationality Activism within the Self-Determination-Minority Protection-Human Rights Triad

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.

“Self-determination of peoples” is a relatively new international law principle which has gone through numerous changes in its history, making it an elusive concept. The principle has received interest the last 30 years, prompted at first by the Soviet breakup, more recently by growing nationalist movements, and most recently by states’ totalitarian measures enforced in the name of combating COVID-19. Important issues concerning the future of self-determination’s status in and impact on the international system remain. This paper outlines and analyzes the history of self-determination using a three-phase framework. In Phase One, the principle was a non-legally binding political principle. In Phase Two, the principle became legally binding but was limited to the decolonization context. In Phase Three, the principle becomes a universally accepted human right that some judges and jurists argue has become a peremptory norm of international law (jus cogens), which no state can violate under any circumstances. This historical inquiry reveals that the principle has always been asserted and argued against by states with the goal of maintaining or gaining power for themselves. This paper then summarizes the principle’s modern incarnation as a human right under international law, whereby “peoples” – i.e., the entire population of a state’s territory – have the right to both “external” and “internal” self-determination. “External” self-determination is the right of a people to have a state with independent international status. “Internal” self-determination means that the people in the state must be free to pursue their economic, social, and cultural development, while having adequate ability to participate in government. Self-determination and secession are often paired together, but current international law does not directly allow or disallow secession. This paper then delineates theoretical issues the modern incarnation of the self-determination principle poses for statism and the international system, including: how to define “peoples” under the principle; what the relationship of the principle to states’ sovereign territorial integrity should be; how to redraw state boundaries after a successful secession; whether radical self-determination leads to violent conflict; and what is the relationship of unfettered secession to liberal-democratic theory that much of the international system is based upon. Then, this paper applies Austro-libertarian theory to these issues, arguing that: the principle relies on an unfounded collectivist conception of rights; the international system slavishly adheres to the incoherent concept of states’ sovereign territorial integrity; the principle, when its inconsistencies are removed, must theoretically justify unfettered secession; and the conflation of democracy with both liberalism and government by consent keeps properly understood self-determination from being achievable in fact. This paper concludes that the modern self-determination principle’s theoretical deficiencies and inconsistencies present a catch-22 dilemma for the international system. Either self-determination must be extended to take supremacy over state territorial integrity, or it must be rejected explicitly and entirely. Either choice, or trying to split the difference between them, incentivizes delegitimization of statism and the international system.

The article examines international means of protecting the rights and freedoms of a person and a citizen in Ukraine. The analyzed Ukrainian experience confirms that the degree of protection of human rights and freedoms in any state today depends not only on the level and efficiency of the national judicial system, but also on integration into the international system of protection of human and citizen rights and freedoms. Ukraine takes an active part in international relations, concludes treaties and agreements and further ratifies them. International normative treaties occupy a special place in the legal system of every state. Therefore, such a principle as implementation into the national legal system of ratified conventions and international treaties is one of the most important principles of human rights protection. It is emphasized that the problem of protecting human rights and basic freedoms goes far beyond the borders of one state. It is human rights that are currently the most common factor in the interaction of national legal systems, as they contribute to the integration of the global and regional legal space. It is noted that according to the Constitution of Ukraine, the function of protecting human rights and freedoms is entrusted to the President of Ukraine (as the guarantor of human rights), the Constitutional Court of Ukraine (the main judicial body for the protection of the rights of Ukrainian citizens) and the Commissioner of the Verkhovna Rada for Human Rights in Ukraine. In Art. 9 of the Constitution of Ukraine recognizes the priority of the principles and norms of international law and their belonging to the legal system of Ukraine, everyone is guaranteed the right to appeal to international bodies for the protection of rights and freedoms, if all available domestic means of legal protection have been exhausted. The mechanisms of universal cooperation and control include primarily the UN, one of the goals of which is international cooperation to solve international problems of an economic, social, cultural and humanitarian nature, as well as the promotion and development of respect for human rights and basic freedoms of all, regardless of race, gender, language and religion.

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.

(2012). Chapter 6 - China and the limits of transnational human rights activism: From Tiananmen Square to the Beijing Olympics. Routledge Online Studies on the Olympic and Paralympic Games: Vol. 1, Power and Transnational Activism, pp. 111-129.

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.

It is indicated that a person in a democratic, legal state is the highest social value, which plays a decisive role in all spheres of material, political, social, spiritual and cultural life. At the same time, each person is individual, original, unique, unique. Its participation in the activities of the legal state depends on the material and spiritual capabilities in the use of its subjectiverights and the voluntary performance of its legal obligations. The legal status of a person consists in his rights, freedoms, and obligations established by legislation, which represent opportunities that turn into reality through their practical implementation. The authors highlight certain features of the constitutional and legal status of the Institute of Advocacy. The specificity of the legal nature of the institution of advocacy in the mechanism of protection of human and citizen rights and freedoms is determined. The place and role of the legal profession among other state authorities has been established.The authors come to the conclusion that the institution of advocacy in the mechanism of protection of the rights and freedoms of a person and citizen is one of the means for self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active actor in the process of implementing the main constitutional functionof the state - the implementation and protection of rights and freedoms person and citizen. The constitutional and legal status of the bar allows it to actively ensure the rights of not only every person, but also of the entire civil society, to effectively implement the human rights function of the state by ensuring proper interaction in the activities of state authorities and civil society. The main features of advocacy that reveal its essence in the mechanism of providing legal aid are: 1) advocacy acts as a separate human rights institution; 2) the bar actively interacts with state authorities and institutions of civil society as anequal partner in the mechanism of protection of human and citizen rights and freedoms; 3)as part of their professional duty to protect the rights and interests of their clients, lawyers play a significant role in the fair administration of justice. Being an active participant in the mechanism of law enforcement, occupying an independent place in the mechanism of justice, the bar performs (should perform) an important function of public control in this area.

It is indicated that the formation of modern institutions of civil society and the development of a social and legal state require significant changes in the organization and activity of the entire system of law enforcement agencies of Ukraine. The effective activity of law enforcement agencies of our country is a necessary condition for protecting the constitutional system, ensuring legality and law and order, and observing the rights and freedoms of a person and a citizen. That is why the work examines the modern system of protection of human and citizen rights and freedoms. The author draws attention to the doctrinal aspects of building a domestic human rights protection mechanism. An analysis of individual decisions of the Constitutional Court of Ukraine on the subject under study is provided. The authors conclude that the constitutional system of protection of the rights and freedoms of man and citizen is an important and, in fact, a defining component of the state-wide system of constitutional law of Ukraine, as it exerts a system-forming influence on other elements (fundamentals) of the constitutional system of our state. All the elements of the constitutional system of protection of human and citizen rights and freedoms reflected in the Constitution of Ukraine, despite the direct effect of constitutional norms and their application throughout the country, require legislative specification and development. The detailing of various components of the constitutional system for the protection of human and citizen rights and freedoms contributes to the formation of relatively independent blocs, including the human rights and law enforcement system of Ukrainian society and the state. The constitutional system of protection of the rights and freedoms of a person and a citizen in Ukraine is generally quite extensive, the main elements of which are its subjects, objects, principles, as well as guarantees of the rights and freedoms of a person and a citizen. At the same time, in the studied system, the subjects are the main ones, because they are the generators of social activity, activity, the bearer of interest and a participant in social relations.

The article reveals the problematic aspects of the state of protection of human and civil rights in Ukraine, as such rights are the basis for the existence of the state as a subject of international law. Today, respect for human and civil rights and freedoms -the main criterion of civilized society, its ability to solve the most complex economic, political and social problems. It is no coincidence that the international community seeks to treat human rights globally, on an equitable and equal basis. This takes into account the national and regional specifics of states, their various historical, cultural and religious features. The article aims at a comprehensive solution to the organization of the legal system of human rights protection, which must comply with international and national law. This provides a legal description and identifies elements of a set of guarantees for constitutional protection of rights, taking into account national experience, case law, experience of other states, as well as international standards in the field of human and civil rights, generalization and development of ideas on this issue social space. Modern Ukrainian society is going through a stage of deep awareness of human rights and freedoms, which can be seen as the beginning of the spiritual revival of Ukraine. The very ideology of rights is becoming more widely recognized and in demand in state and public life. From the point of view of this ideology, there is a reassessment of views on the Soviet and post-Soviet past and a projection on the near and distant future of Ukraine. Implementation in practice of protection and defense of human and civil rights and freedoms is a long and gradual process of transformation of the whole society. However, this process has certain time limits set by the Association Agreement between Ukraine and the European Union. The implementation of this Agreement requires not only appropriate measures to improve the quality of legislation in this area, improve the executive and judiciary, local governments, and increase the activity of citizens in the context of exercising the right to protect their rights and freedoms in all ways not prohibited by law. The goal set in the article was achieved by solving the problems of studying the constitutional features of the organization of such protection and its implementation in practice.

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.

In order to study the legal mechanism for ensuring the protection of the rights and freedoms of citizens by state authorities, the article analyzes doctrinal opinions, norms of current domestic and international legislation regarding the definition of the mechanism for ensuring the rights and freedoms of citizens by state authorities. The provisions of the Constitution of Ukraine, the norms of which guarantee the protection and protection of human and citizen rights and freedoms, are analyzed. In the light of the protection and protection of human and citizen rights and freedoms, the guarantee of these rights and freedoms, it is noted that an important role in this matter is played by: the Verkhovna Rada of Ukraine (the Commissioner of the Verkhovna Rada of Ukraine on Human Rights); The President of Ukraine, the Cabinet of Ministers of Ukraine, executive and judicial authorities. Attention is drawn to the fact that in the state mechanism for ensuring the protection of the rights and freedoms of citizens, law enforcement agencies, lawyers, public associations and organizations play an important role. In case of violation of subjective rights, citizens have the right to choose different legal mechanisms for the protection of violated or disputed rights. The author emphasizes that the effectiveness of the implementation of the rights and freedoms guaranteed by the norms of domestic and international legislation is determined by the existing system of the state mechanism in the state. It is emphasized that in order to protect the rights and freedoms and legitimate interests of citizens in Ukraine, there are local and appellate courts, as well as the Supreme Court, which, according to the law, guarantee everyone the protection of their rights, freedoms and interests within a reasonable time by an independent, impartial and fair court formed by by law In addition to the domestic judicial system, citizens of Ukraine can apply to the European Court of Human Rights in order to protect their violated rights. It was concluded that the effectiveness of the implementation of the rights and freedoms of citizens guaranteed by the norms of domestic and international legislation is determined by the existing system of the state mechanism in the state. With the help of state authorities, a legal mechanism is provided to guarantee the protection of the rights, freedoms and legitimate interests of citizens, who, through the implementation of procedural norms, can carry out the judicial or administrative protection of the violated subjective rights of a person guaranteed by the Constitution and laws of Ukraine and international agreements. By the legal mechanism for ensuring the protection of the rights, freedoms and legitimate interests of citizens by state bodies, we mean the system of guarantees defined and guaranteed by the state, with the help of which the protection and protection of the rights, freedoms and legitimate interests of citizens is ensured and implemented in specified forms and procedures.

Human rights queryfalse are typically presented in terms of entitlements, correlative duties, claims, “trumps,” and remedies. 1 These framings, which draw principally on law and philosophy, emphasi...

The concept of human rights is as old as the ancient doctrine of ‘natural rights’ founded on natural law, the expression ‘human rights’ is of recent origin and has emerged after the Second World War. The fact is that certain rights of man existed in the ancient periods which were known as the natural rights or divine rights. There rights find place in all ancient societies though they were known by different names. The human rights were referred to as civil rights, political rights, personal rights, legal rights, economic and social rights and natural or divine rights in ancient period. The names and the classification of rights kept on changing with the passages of time. Generally, it is believed that, 'the concept of human rights is western and that the origin of the concept of human rights in the world history found its expression in Magna Carta of 1215.' In India, Swami Vivekananda long back expressed, 'implementation of the principles of social justice and human rights for establishing a welfare state in the true Indian sense.' To diminish gap between the high and the low was necessary. The human rights in the form of ‘Dharma’ can also be traced in ‘Arthasastra’ of kautilya and ‘Manusmiriti’ of Manu, which laid down legal jurisprudence in ancient India. The idea of equality was germane to the Vedas. Vedic Ethics has idealized an equality of treatment among equals. Mahabharata tells about the importance of the freedom of the individual (civil liberties) in a State. Much earlier than the Greeks and Romans, Ancient Indian philosophers and thinkers expounded a theory of higher moral law of Dharma, about 5000 years ago, with a view to establish harmonious social order free from the traces of conflicts, exploitations and miseries. It can be derived that 'human rights' are those minimal rights which are available to every human being without distinction of language, religion, sex, caste, nationality and social or economic conditions in the society. These human rights are universal and have no boundaries. Rights being immunities denote that there is a guarantee that certain things cannot or ought not to be done to a person against his will. According to this concept, human beings, by virtue of their humanity, ought to be protected against unjust and degrading treatment. In other words, human protected rights are exemptions from the operation of arbitrary power. An individual can seek human rights only in an organized community, i.e., a State, or in other words, where the civil social order exists. No one can imagine to invoke them in a state of anarchy where there is hardly any just power to which a citizen can appeal against the violations of rights. Thus, the principle of the protection of human rights is derived from the concept of man as a person and his relationship with an organized society which cannot be separated from universal human nature.Human being essential for all-round development of the personality of the individuals in the society, be necessarily protection and be made available to all the individuals. They must be preserved, cherished and defended if peace and prosperity are to be achieved. Human rights are the very essence of a meaningful life, and to maintain human dignity is the ultimate purpose of government. The need for the protection has arisen because of inevitable increase in the control over men’s action by the governments which by no means can be regarded as desirable. There are several States where fundamental standards of human behavior are not observed .The consciousness on the part of the human beings as to their rights has also necessitated the protection by the States. It has been realized that the functions of all the laws whether they are the rules of municipal law or that of international law should be to protect them in the interest of the humanity.

The article examines the main existing institutional guarantees that ensure the protection of human and civil rights and freedoms in foreign countries. Analyzed are judicial protection mechanisms, the activities of prejudicial bodies, as well as mechanisms of extrajudicial protection. The author emphasizes that the protection of human rights and freedoms is a constitutional obligation of the state. Special attention is paid to specialт mechanisms for the protection of human rights, such as the Commissioner for Human Rights, the activities of various bodies of constitutional control; indicates the importance of extrajudicial mechanisms for the protection of rights and freedoms. The author analyzes methods of direct protection of rights and freedoms, as well as the role of executive and legislative authorities as elements of indirect protection.

Purpose. To analyze the legal institution of judicial protection of human rights and freedoms, its current state and prospects for development in the RF. Objectives. To consider the complex right to judicial protection as the main element of a legal institution. To reveal the content of the elements of the institute for the protection of human rights. Formulate a definition of the concept of judicial protection. Conclusions. Among the many systems of ensuring human rights and freedoms, judicial protection is the most important element of state protection in the Russian Federation. When identifying the protection of human rights as a system, it is more appropriate to use a broader theoretical structure, namely, to adhere to the concept of “institution for the protection of human rights”, the deemed pat of which impulse the introduction is certain mechanisms, include means and procedures is protection. In the domestic legal literature, the concreting of a mechanism for the protection of human rights has been introduced to reveal the dynamic characteristics of the human rights function of the state. From the poet of view role is individual haunches and bodies of power in the protection of rights and freedoms, it is advisable to distinguish the following composite types of human rights protection: law-making (legislative) protection; administrative (executive and administrative) protection; judicial protection. The right to judicial protection is a complex constitutional right of an integrated type. Judicial protection of rights and freedoms is a multidimensional legal concept that can at least be considered, firstly, as a type of state-legal protection of rights and freedoms; secondly, as a public-legal, interpectoral institution within which the public and private interests of legal subjects are protected through the judiciary; thirdly, as a function of the roles is law that guaranteeing the realization is rights through access to justice and fair trial, fourth, as a key element of the mechanism for the realization of rights and freedoms; fifth, as the most universal and authoritative means of legal protection, applied in combination with other procedures used at the initial stage of dispute resolution or legal conflict (pre-trial settlement of a dispute within the framework of administrative procedures, mediation and reconciliation of the parties).