European human rights standards and their implementation in Ukraine: analysis of the EU Charter of Fundamental Rights

Specifics of human rights institution development and formation in the European Union are researched. The problem of the human rights protection and corresponding standards of such rights were analyzed in the scientific works of such scholars as Tabushka S., Nanette N., Allan R., Entin K., Ispolinov А., Belova G., Gaja G. These scientists researched different aspects of evolution and elaboration of human rights protection in the primary and secondary legislation of the European Union, namely role of the Court of European Union in this process, amendment of the founding treaties of the European Union bearing in mind necessity of the human rights protection clauses. At the same time it is worth mentioning that within Ukrainian scholars the problem of European Union human rights standards has not been sufficiently researched, notwithstanding fact that after signing Agreement on Associated Partnership between Ukraine and European Union that very the problem of approximation of Ukrainian legislation in the sphere of human rights towards European Union standards became of paramount importance. That is why the goal of this article to research and suggest some particular suggestions for amendment of the Constitution of Ukraine in the realm of fundamental human rights and freedeoms. Norms of the Charter of the Fundamental Rights of the European Union are analyzed through the prism of Charter understanding as the main legal instrument of human rights protection in this international organization, as well as perspectives of legal protection enhancing of human rights in this international formation are researched. A special emphasis is being made in relation to the possible accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe. Efforts are being made for analyzing draft legal instruments on the accession of the European Union to the European Convention on Human Rights – Agreement on Accession. Key words : Human Rights, European Union, Charter of Fundamental Rights.

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 examines the standards of employee's right to a professional (official) career, enshrined in the acts of the Council of Europe and the European Union. It is established that the gradual harmonization of acts of national labour legislation with European standards of the employee's right to a professional (official) career is its adaptation. Forms of adaptation of legal acts of Ukraine in the research area are the adoption of new legislation and amendments to existing ones, which takes into account European standards of the employee's right to a professional (official) career. It is the effective adaptation of Ukraine's labour legislation to European human rights standards that is one of the guarantees for the successful completion of European integration and Ukraine's accession to the European Union. It is established that European standards of employees' right to a professional (professional) career are divided into general and special. The general standards of the studied law determine its structure, guarantees of implementation and in general the mechanism of provision (implementation, protection and defense). The content of the standards of the employee's right to a professional (official) career enshrined in the European Social Charter (revised) of 9 May 1996, the Community Charter of the Fundamental Social Rights of Workers of 9 December 1989, and the Charter of Fundamental Rights of the European Union of 7 December 2000 year. Special standards of the right to a professional (official) career apply to certain categories of workers, which, as a rule, are related to the implementation of certain functions of the state (administration of justice, law and order, etc.) and enshrine special powers of relevant categories of workers to meet their needs and interests of property and non-property nature, associated with professional growth and/ or promotion of work (service).

Comparative analysis has shown that the right to an effective legal remedy is a common feature of the examined criminal justice systems. To a wide extent, the mechanisms of judicial protection are construed by analogy with the corresponding rules in domestic criminal proceedings, thereby extending existing loopholes to transnational proceedings. Instead of addressing the vulnerability of individuals in this particular transnational setting, the states tend to limit judicial protection in international cooperation in criminal matters by the principle of trust in and respect for the sovereignty of other states and the understanding that cross-border cooperation forms part of interstate relations that do not affect the rights of individuals as such. The comparative analysis has already revealed that this traditional understanding does not reflect recent developments in international and European human rights standards. This chapter shall, therefore, analyse and explore the international and EU rules on judicial protection in transnational criminal proceedings. To this end, the first subsection will give a brief overview on the relevant provisions of the European Convention on Human Rights (ECHR), the corresponding guarantees in the EU Charter of Fundamental Rights (EU-CFR) and EU legislation on the law of criminal procedure. On this basis, the second part will elaborate on judicial protection in transnational proceedings in the light of human rights standards and EU legislation and the principle of mutual recognition in particular.

В даній науковій статті автором розкрито міжнародні та європейські стандарти прав людини, зокрема виділено підходи до визначення поняття «стандарт прав людини» в юридичній літературі, критерії до класифікації міжнародних та європейських стандартів прав людини, а також виділено нормативні акти, які закріплюють відповідні стандарти. На підставі проведеного аналізу, автор робить висновок про те, що міжнародні стандарти прав людини – це мінімально можливий рівень забезпечення прав людини, їх захисту та дотримання в діяльності публічних суб’єктів, сукупність правових, організаційних та інституційних гарантій їх забезпечення та недопустимості свавільного обмеження, визначені документами універсальних міжнародних організацій, міжнародними договорами та міжнародними звичаями і виступають основою для регіональних та національних стандартів прав людини. Європейські стандарти прав людини – це стандарти прав людини, визначені документами Ради Європи, Європейського Союзу та Організації з безпеки та співробітництва в Європі, інших регіональних європейських міжнародних організацій, обов’язковість яких визнана державами-членами цих організацій через ратифікацію, затвердження, укладання відповідних документів або через фактичне визнання відповідних стандартів та їх застосування, сформовані відповідно до міжнародних стандартів прав людини і які є основою для вироблення національних стандартів держав-учасниць відповідних організацій. Національні стандарти прав людини є розвитком міжнародних та регіональних стандартів, їх імплементацію у національне законодавство, однак можуть ще більш повно визначати їх зміст та особливості гарантування та захисту; це стандарти прав людини, визначені національними джерелами права, передусім конституцією та конституційними законами. Також в науковій статті виділено види стандартів прав людини.

Social Rights in Refugee Law and Human Rights Law: The Non-discrimination Principle as a Harmonization Tool

It is established that under modern conditions of Ukraine’s European integration and in view of our country’s aspiration for full membership in the European Union and other European structures, the issue of adapting national legislation to international legal standards in the field of human rights acquires particular importance. Requirements for compliance with human rights and freedoms are not only a political condition for cooperation with the EU and the Council of Europe, but also a determining criterion for democracy, stability and legitimacy of state power. Despite significant steps towards harmonizing national legislation with European norms, the process of implementing international standards remains complex and requires an effective legal mechanism capable of taking into account both general European principles and the national specifics of the Ukrainian legal system. Ensuring the real, rather than declarative, nature of human rights, which depends on the effectiveness of the judicial system, human rights institutions, and clear legislative regulation, is of particular relevance. Research into the legal mechanism for adapting legislation to European human rights standards is timely, important, and has significant practical potential for the further development of Ukraine’s legal system, taking into account ongoing reforms, the challenges of martial law, and the need for increased international support. In this context, the key role of international legal acts in the system of ensuring human rights is to establish clear general standards for the activities of states, guarantee their universal recognition and unified application. Ensuring human rights is not only a legal, but also a political, economic and social process that requires systematic interaction of internal and external mechanisms. Not only the quality of life of citizens, but also the international image and future of the democratic development of the state depend on the degree of implementation of rights and freedoms. International human rights standards and judicial practice form a solid basis for both inclusive and consultative procedures and for determining the substantive provisions of the constitution. In modern conditions, ensuring human rights remains a fundamental factor in the stability of democratic development, rule of law and international legitimacy of the state.

The study delves into the optimisation of Ukrainian legislation in line with European human rights standards to shed light on the best strategies for achieving this. Visual and graphical methods were employed in the study, and the number of applications to the European Court of Human Rights (the ECtHR) by EU candidate countries was compared. The result of the study is the identification of potential areas of optimisation of Ukrainian legislation in line with European human rights standards. By understanding these areas, we can work towards a more just and equitable legal system. The number of applications to the ECtHR for the protection of violated rights received from citizens of Ukraine, Georgia and Moldova in 2021, 2022, and 2023 is determined. The article analyses the status of bringing Ukrainian legislation into line with European human rights standards through the prism of applications to protect violated rights.

For centuries, the protection of fundamental human rights has been part of the historical conceptual and constitutional legacy of the peoples on both sides of the Atlantic. Great thinkers from all nations have contributed towards the generation of human and fundamental rights. Nowadays these rights (or at least their substance) are universally recognised, beyond the continents of Europe and America. Virtually all the UN nations recognise them at least verbally. The fact that they are not put into effect, let alone observed, everywhere, does not alter their claim to validity. Practice and theory operate at different speeds, and politics carries the duty to change this.^ The academic world is only able to send out reminders and to encourage progress. The General Assembly of the UN adopted a "Universal Declaration of Human Rights" on 10 December 1948. Following on from the origin of their spiritual forefathers, it was rooted in the European and American declarations of human rights, and embodied human dignity, protection of personality, individual rights to freedom, equality under the law, basic judicial rights and rights to political codetermination. However, these traditional rights were extended to include more recent legal rights, which had become manifestly threatened through experiences in the Thirties and Forties, namely bans on torture and deportation, the right of asylum and the right to citizenship. Certain social, economic and cultural rights were also added. However, it must be noted that the Declaration has not acquired the status of a binding international legal rule, despite the fact that a minimum standard (irrespective of how this may be circumscribed), has by now become a constituent of customary international law. Further markers en route to an international Charter of Human Rights have included numerous special declarations and conventions, and in particular the International Covenants on Civil and Political Rights and on Economic and Social and

Traditionally, fundamental human rights have occupied an important place in labor law. The ILO constitution of 1919 focuses, for example, on the right of freedom of association. Subsequent ILO documents stress other fundamental rights such as the right to non-discrimination in the field of labor. The fundamental rights of the worker did begin to get some attention in the EU too, especially in non-binding documents such as the Community Charter of the Rights of the Worker from 1989. Since the entry into force of the Treaty of Lisbon in 2009, the Charter of Fundamental Rights introduced at the summit in Nice is legally binding to the same extent as the EU Treaty itself. The Charter includes fundamental rights in the field of labor law under the heading ‘solidarity'. In this article two basic questions will be addressed. The first question will address the ‘old' issue of the clash between fundamental (labor) rights and the four economic freedoms of the EU, which are seen by the ECJ as of fundamental nature as well. Since the seminal cases of Viking and Laval, a lot has been written about this theme by both European and labor lawyers. I will not revisit the literature that has been written about these cases, but the more dogmatic issue of a (potential) clash between the four economic freedoms and the fundamental rights is still in need of clarification. The second question is whether the fundamental human rights will get a more important place in the case law of the European Court of Justice now that the Charter of Fundamental Rights is of binding character, or, will there be just a continuation of the already developed relationship between fundamental freedoms and rights or between two different kind of fundamental human rights? I will focus here on case law in the field of labor law. The article will finish with a plea for a proportionality test ‘light' in order to limit the interference of EU law with the essence of fundamental rights.

The article examines the genesis of the institution of the Ombudsman of Ukraine – the Ukrainian Parliament Commissioner for Human Rights. The role of the Ombudsman is shown both in protecting the rights of individuals as well as in overcoming the systemic violations of human rights. The essence of modern challenges to human rights and freedoms is revealed: poverty, migration, human trafficking, modern terrorism, sea piracy, armed conflicts, wars, humanitarian disasters, dehumanization of society. The activity of the First Ombudsman of Ukraine on bringing the legislation of Ukraine and law enforcement practice in line with European and international human rights standards is analyzed. The need to form a modern legal culture based on international standards in the field of human rights and freedoms and the rule of law is analyzed. The article investigates monitoring mechanism of the national human rights institution performed through the Annual and Special Reports to the national Parliament. It also reveals forms of cooperation of the Ombudsman of Ukraine with national, international and European structures in the field of human rights. It is shown that not only the institution of the Ombudsman, in terms of its legal status, should be independent in the spirit of the Paris Principles, but the person in this post should also have personal independence. There are shown ways to establishing peace through the search for compromises and a trustful dialogue between the authorities and society. The innovation of the article is the analysis of the Ombudsman institution as a mechanism for the extrajudicial protection of human rights in the context of modern challenges to human rights and freedoms. A new term is introduced into scientific circulation – “the case law of the Ombudsman”.

INTRODUCTION. Forced migration is one of the most difficult global problems. There is a clear interdependence between the problem of refugees and the issue of human rights, since human rights violations are one of the main reasons for the mass exodus of people from their countries of origin. It is also clear that counties that provide asylum have a sustainable practice of respecting the human dignity. Forced migrants have rights that must be respected during all stages of the exodus. We are talking about the fundamental rights and freedoms proclaimed in international and regional human rights treaties, primarily the protection of human dignity and the restoration of the minimum rights of people who left their countries of origin. This article discusses the problems of realization of the minimum rights of forced migrants, that is, those rights that guarantee survival and an adequate standard of living. The authors conduct a detailed study of national legislation in the field of forced migration of such European countries as Italy and Spain. In particular, this article analyzes recent legislative changes adopted in this countries in the field of asylum and the consequences for the realization of fundamental rights of refugees and asylum seekers. MATERIALS AND METHODS. This research is based on the analysis of the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Geneva Convention relating to the Status of Refugees of 1951, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, European Social Charter of 1961, European Union Charter of Fundamental Rights of 2000, UNHCR standards for receiving asylum seekers, and also an in-depth analysis of the national legislation of Italy and Spain in the field of forced migration. The methodological basis of the research consists of both general scientific (comparative historical and statistical methods, methods of generalization and systems analysis, case-study approach) and specific scientific (formal legal and comparative legal methods, method of interpretation of legal norms) research methods. RESULTS OF RESEARCH. On the basis of the analysis of international treaties, European and national legislation, judicial practice of states, as well as doctrinal studies of different researches, the authors formulate some conclusions related to the main problems of legislative regulation and the implementation of minimum rights of forced migrants in such EU member states as Italy and Spain. DISCUSSION AND CONCLUSIONS. Despite the existence of international and, in particular, European standards in the field of human rights, practically those rights that are necessary for survival and maintenance of an adequate standard of living of people who have applied for asylum are not always fully respected. The experience of the Italian Republic and the Kingdom of Spain shows that fundamental rights of refugees can be often violated both during the examination of asylum applications and after their satisfaction. The absence of a unified legislative base, the tendency to pursue a more restrictive policy in the field of forced migration and unresolved problems of asylum legislation entail significant impediments for the realization in these countries of the basic rights of one of the most vulnerable category of people as forced migrants.

Over the past few years, the migration related problems have been increasing. This is a trend that affects not only individual countries or geographical regions but is rather a global trend. There are a number of factors both in Europe and in the world that cause the movement of people fleeing from the threat to their lives. This is especially evident in connection with Russia’s aggression against Ukraine in 2022. The issue of the protection of aliens in connection with migration is a serious challenge for the international community. This issue is particularly relevant especially in the context of international human rights law. The aim of the research concerns an in-depth analysis of the phenomena that occur today in international human rights law and in the European regional system of their protection. This is especially important in the context of aliens and migrants coming to Europe in connection with the ongoing armed conflict. In view of the events and problems facing Europe, the Member States of the European Union and the institutions of the European Union, it seems necessary to analyse and indicate the legal mechanisms that apply to the situation. The presented research concerns human rights, international law and European law. This scope of research consists in combining efforts and knowledge within the scope of all three mentioned areas. In the area of human rights protection standards, the European paradigm of the protection of aliens can be observed. This paradigm is shaped by a number of instruments, both legally binding and non-formally binding per se (soft law). First of all, these are instruments in the area of the European Union system, including the Charter of Fundamental Rights of the European Union, followed by the documents of the Council of Europe headed by the European Convention on Human Rights and the European Social Charter. In addition, this paradigm is shaped, directly or indirectly, by a number of other international regulations, especially universal law regulations, among which the Convention relating to the Status of Refugees of 1951 has a special position. It is clear that the paradigm of protection of aliens is not limited to functioning within one international organization or one legal system but must be perceived as going beyond a rigidly defined institutional framework. Therefore, it should be looked at from a slightly broader perspective encompassing mechanisms functioning not only in the legal system of the European Union or the Council of Europe, but also those resulting from the system of universal protection of human rights (UN). The attempt to carry out institutional analysis of the European paradigm of the protection of aliens and its key elements can only be made by taking into account the broad perception of the analysed issues. The European paradigm of the protection of aliens is changing, and the dynamics of these changes is determined primarily by human rights standards. This means that the studied paradigm is not a closed normative entity, and the pace and direction in which it develops is determined by the development of human rights protection standards in Europe. These standards are the main factor in this process. The Court of Justice of the European Union and the bodies applying European human rights treaties, headed by the European Court of Human Rights, play a fundamental role in shaping the model of conduct of European countries towards aliens. The subject of the analysis concerns the European paradigm of protection of aliens and the impact it has on the contemporary protection of individual rights. The research was carried out on the basis of a grant from the National Science Centre, Poland under the OPUS 12 Programme: Human Rights in the European Paradigm of the Protection of Aliens (2016/23/B/HS5/03596), headed by Professor Elżbieta Karska.

The article titled “Fundamental Rights and Freedoms in Turkey and the Turkish Constitutional Court” illustrates the influence of the European human rights standards in Turkey. First, the article examines the key features of the fundamental rights and freedoms regime under the 1982 Constitution. Second, it discusses the Turkish Constitutional Court’s approach on fundamental rights and freedoms within the framework of the decisions on some of the specific issues that have proven controversial in Turkey, i.e. “gender equality”, “freedoms of political parties”, “social rights” and “emergency-law decrees”. This article reveals that the European human rights documents and the rulings of the European Court of Human Rights are indispensable elements for Turkish legislation and the Constitutional Court, even though it seems that sometimes they do not fully embrace the principles. Accordingly, the Turkish case suggests the “Convergence of Fundamental Rights in Europe”.

The article examines the features of the legal regulation of international legal means of ensuring social standards in the field of human rights. The opinion is expressed that the universalization of international human rights standards and their transformation in national law characterizes the current stage of the positive process of development of international cooperation in the field of human rights. It was found that international legal means intended for ensuring and protecting fundamental human rights include international legal acts, international bodies for monitoring, controlling compliance with fundamental human rights and for protecting these rights. In the process of the study, international procedures and mechanisms in the field of ensuring human rights were analyzed. It was stated that international procedures are the procedure and methods for studying information about human rights violations and responding to the results of such study, and control mechanisms are certain organizational structures. A special place among international legal means intended for ensuring and protecting fundamental human rights is occupied by the UN control mechanism. It was created to facilitate the implementation of universal international instruments developed and approved by the UN General Assembly in the field of ensuring fundamental human rights and freedoms. It is noted that international procedures are the most common means of ensuring obligations in the field of human rights. The most typical among them are the consideration by competent bodies provided for by international treaties in the field of human rights of reports of states on their fulfillment of their obligations, as well as the consideration by competent bodies provided for by international treaties in the field of human rights of complaints, petitions, appeals of individual groups about violations of their rights. Based on the analysis of scientific points of view and legislation, the authors conclude that the essence of international legal instruments for ensuring social standards in the field of human rights is the creation and implementation of a system of international norms, mechanisms and institutions that guarantee the observance, protection and development of social human rights.