Legal Measures Relating to the Freedom of Speech and the Right to Personality Protection

According to the Constitution of Bosnia and Herzegovina (BiH; Annex 4 to the General Framework Agreement for Peace in BiH), the state of BiH is defined as a democratic and legal state with free and democratic elections. By signing the Dayton Peace Agreement and accepting the Constitution, BiH undertook to ensure the highest level of internationally recognised human rights and fundamental freedoms. Thus, the European Convention for the Protection of Human Rights and Fundamental Freedoms (better known as the European Convention on Human Rights − ECHR) received a special status in the Constitution of BiH. Similar to other modern democratic and legal states, BiH has signed all the other international and regional instruments for the protection of human rights. Therefore, by insisting on the protection of human rights, it was necessary for all people in BiH, as well as in other democratic and legal states, to have an equal status towards the state and the government, which would ensure measures to overcome antagonisms created on the basis of religious, ethnic, racial, and national diversity in BiH. Political participation in BiH needs to be viewed as a broader phenomenon that includes not only elections as the basis of democracy and a prerequisite for effective and legitimate decision-making, but also the participation of citizens in everyday political events and life. Furthermore, political participation in a state is limited by ethnicity and territorial origin. This means that only constituent peoples, as guaranteed by the Constitution and numerous laws, are allowed to run for the three-member Presidency of the State or the House of Peoples of BiH. National minorities are excluded from these branches of government, and their political participation is limited solely to local levels of legislative power. Although BiH, according to the Constitution, is considered a democratic state, it is unable to protect the rights of all its citizens and fulfil their basic human rights guaranteed by numerous internationally recognised conventions, but primarily by the ECHR.

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.

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.

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.

The role of regional international human rights instruments in the protection and promotion of human rights is remarkable in the sense that the treaties have significantly and immensely contributed to important changes in the laws of many countries. This chapter looks into three regional human rights instruments, namely the European Convention on Human Rights and Fundamental Freedoms, 1950; the Inter American Convention on Human Rights, 1969 and the African Charter on Human and People's Rights, 1981 and examines (a) the circumstances leading to the establishment of the regional human rights enforcement mechanisms; (b) the nature and scope of rights & guarantees and (c) safeguarding procedures under these instruments. It examines whether the enforcement mechanisms are, consistent with State sovereignty, and whether they are gradually enhancing the promotion of fundamental human rights and freedoms. Keywords: African Charter on Human and People's Rights; enforcement mechanisms; European Convention on Human Rights and Fundamental Freedoms; Inter American Convention on Human Rights; promotion of human rights; protection of human rights; regional human rights instruments; state sovereignty

Respect and protection of human rights is one of the main areas of activity of the European Union in accordance with the objectives and principles of this organization, enshrined in the founding treaties. Any European country that adheres to the principles of liberty, democracy, respect for human rights and fundamental freedoms, as well as the rule of law, may apply to the EU with an application for membership, as provided for in the Treaty on European Union. The criteria that candidate countries must meet for accession to the European Union (the Copenhagen criteria) were approved at the meeting of the European Council in Copenhagen in June 1993. According to them, membership in the EU from the point of view of political standards requires the candidate country to have stable institutions that guarantee democracy, the rule of law, respect for human rights and the protection of minorities. Countries wishing to become members of the EU must not only enshrine the principles of democracy and the rule of law in their constitutions, but also implement them in everyday life. The constitutions of the applicant countries must guarantee democratic freedoms, including political pluralism, freedom of speech and freedom of conscience. They must establish democratic institutions and independent judicial bodies, bodies of constitutional jurisdiction, which create conditions for the normal functioning of state institutions, the holding of free and fair elections, periodic changes of the ruling parliamentary majority, as well as recognition of the important role of the opposition in political life. There is no integrated mechanism for the protection of human rights in the European Union. The national system of human rights protection operating in the Member States is complemented by a system of protection at the European Union level. In addition, the protection of human rights and freedoms is carried out within the framework of the Council of Europe, of which all Member States of the European Union are members. The formation of a system of legal norms at the European Union level that ensure the protection of human rights and freedoms has occurred gradually, and this system has significant potential for its development. Over the past 60 years, the European Union has come a long way in establishing its own system of human rights protection: from a complete rejection of the idea that the protection of human rights can take precedence over the provisions of EU law, to the development of its own catalogue of human rights, which became the Charter of Fundamental Rights. In addition, the entry into force of the Lisbon Treaty introduced legal grounds for the EU to join the European Convention on Human Rights. All this raises the question for Ukraine of the need to improve its own system of human rights protection, since, according to the criteria for accession to the EU, only a state with an appropriate level of respect for human rights and fundamental freedoms can become a full member of the European Union.

In the recent period of Ukrainian history, scholars pay attention to the discussion of the relationship between Ukrainian constitutional law and the Convention for the Protection of Human Rights and Fundamental Freedoms and the place of rulings and decisions of the European Court of Human Rights in the legal system of Ukraine. The analysis of the provisions of the European Convention on Human Rights and current Ukrainian legislation is made in the article. It is made in order to determine the impact of this act of the Council of Europe on the constitutional law of Ukraine. It is noted that the Convention plays an important role in the process of protection of human rights and freedoms in Ukraine and has an impact on the implementation of the rule of law, which relate to individual’s constitutional status. It is noted that the European Convention significantly increases the level of the effectiveness of constitutional human rights legislation. The role of the European Convention for the Protection of Human Rights and the European Court of Human Rights in the formation and activity of the Constitutional Court of Ukraine has been determined. The thesis that within the ratio of the Convention and Ukrainian law, the supremacy of the latter within the national legal system does not eliminate the need to comply with international obligations is substantiated in the article. The grounds for restricting human and civil rights and freedoms in accordance with the requirements of the European Convention for the Protection of Human Rights and the constitutional legislation of Ukraine are considered in the article. In order to ensure national security, the restriction of human and civil rights and freedoms in a state of martial law and emergency is analyzed. By introducing martial law and a state of emergency, it is possible to concentrate temporarily all the levers of control over the individual’s status by coercive means within the framework of official power. The conclusion that the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights have had a significant impact on the formation and development of human and civil rights and freedoms as basic, value priorities of the constitutional law of Ukraine is substantiated in the article. Key words: constitutional law, sources of law, Council of Europe, Constitution of Ukraine, Constitutional Court of Ukraine, Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights.

The path of Ukraine as a legal democratic state to the European space determines such primary activity directions and fundamental values as human rights and freedoms. That is why their consolidation is carried out at the legislative level, including the provisions of international treaties in this area. Nowadays in Ukraine, human rights are legally defined, including, in particular, the right for an equality and protection from discrimination. Therefore, issues of equal treatment guarantee (constitutional equality principle), irrespective of nationality, race, gender identity, ethnic origin, religion, physical disabilities, age, etc., are remain up-to-date. However, non-discrimination principle is still not enshrined in the Constitution of Ukraine, as well as efficient mechanism that would enable implementation of this principle. So, currently, principles of an equality and non-discrimination are remain quite disputable among scientific community. Firstly, it concerns terminological apparatus. In theory alongside with the term «equality» use the term «equity», they are either interchange or being used as part and whole – «equity» includes both equality and non-discrimination principles. Secondly, the current legislation is inconsistent in terms of the regulation of general provisions on equality and non-discrimination. However, on Ukraine`s way to European integration, it is important to take into account the provisions of world standards on the protection of human and civil rights and freedoms, in particular the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which is prerequisite for the harmonious development of Ukraine as a European state. Key words: law, rights and freedoms, constitutional principle, equality, equality, equality, non-discrimination, person, citizen.

It is indicated that proper protection of fundamental human rights is a key criterion for the existence of a true legal state. Coverage of the functioning of the European Court of Human Rights is becoming increasingly widespread in the information space. The significance of this institution not only does not decrease over time, but also increases. Today, the ECHR has become an effective mechanism of legal protection for those citizens who have exhausted the possibilities of achieving justice within the national legal system. The article examines the impact of the ECtHR decisions on the protection of human rights through the prism of modern challenges and threats. It is noted that the imperfection of the national judicial system is an obvious fact. At the same time, Ukraine is among the five countries with the largest number of applications to the European Court of Human Rights. It is emphasized that the fact that more and more people are applying to the European Court of Human Rights indicates that it is an effective mechanism for protecting their rights and freedoms. However, the ECtHR is a supranational mechanism for the protection of human rights: its capabilities are limited by its powers, the breadth of which is determined taking into account respect for the sovereignty of the member states that have voluntarily undertaken to implement the decisions of the Court to which they are parties. The effectiveness of the legal protection mechanism established by the European Convention on Human Rights depends not only on the efficiency of the Court’s work, but also on how conscientiously states implement its decisions. And only the combination of these two factors has the effect of ensuring human rights and fundamental freedoms stipulated by the Convention. It is concluded that in the context of adapting Ukrainian legislation to EU legislation, ensuring social human rights (the right to a decent standard of living and social development), political rights (compliance with international electoral standards, the right to association), and protecting human rights are the key to stable partnership relations with EU member states. Ukraine needs to continue to make considerable efforts to ensure the effectiveness of the Convention for the Protection of Human Rights and Fundamental Freedoms, to create new effective national remedies for its violations, and to adapt national legislation to European standards. That is, the most effective and direct protection of human rights and freedoms guaranteed by the Convention should be ensured at the national level.

The article examines the modern challenges of human rights protection during the armed conflict, in particular in the context of the need to introduce the legal regime of martial law, which was introduced due to the armed aggression of the Russian Federation against the sovereign, democratic and legal Ukrainian state. The article focuses on the analysis of critical aspects of the protection of human rights in the context of armed conflict, emphasizing the difficulties arising from an aggressive invasion of a sovereign, democratic, and legal state. Special attention is paid to strategic priorities for the restoration and protection of human rights that have been seriously affected by military actions. The article argues the need for a specific legal framework adapted to the conditions of wartime armed conflict and the key priorities of post-war reconstruction. The article provides a detailed analysis of national legislation and relevant international legal norms and an attempt to identify and recommend effective strategies for strengthening the protection of human rights. Emphasis is placed on the need for legislative changes and reforms that would ensure rights and civil liberties and be consistent with European and international standards, thereby strengthening legal guarantees against potential human rights violations. The article provides a critical review of existing legal gaps that impair the protection of human rights during armed conflicts and discusses the key role of the international community and legal institutions in upholding justice and accountability. In addition, it is proposed to implement innovative legal measures and integrate the norms of international humanitarian law to strengthen the legal infrastructure, which is necessary for the effective restoration and protection of human rights and civil liberties. The article reveals modern scientific and professional discussions, emphasizing the urgent need for active and strategic legal measures that meet European and international standards, ensuring the protection of human rights in the complex conditions of military conflicts.

The article is exploring issues related to the protection of fundamental freedoms and human rights as values on which the European Union (hereinafter referred to as the EU) is built. It is established that securing the values on which the EU is built is part of the rights-based approach as well as a prerequisite for the further development of EU interstate relations with other countries, including Ukraine. It is noted that the application of the rights-based approach means that the EU and the EU Member States will deepen cooperation only with those countries which profess respect for democratic principles, human rights and fundamental freedoms in their foreign and domestic policies. It is established that the rights-based approach encapsulates the principles and standards of human rights protection both as means and as a goal of cooperation for development. It is noted that by signing on March 21, 2014, the political part, and on June 27, 2014, the economic part of the Association Agreement between Ukraine and the European Union, the success of political association and economic integration with the EU will depend on progress in the implementation of this Agreement, as well as on achievements made by Ukraine in ensuring respect for the EU’s common values and their proper implementation. The preamble to the Agreement emphasizes importance of "respect for human rights and fundamental freedoms" among the list of its main values. In order to follow the provisions of the Association Agreement, Ukraine has declared mutual respect for the common values of the EU, in particular those related to the protection of human rights and fundamental freedoms, and has undertaken to integrate them properly in its foreign and domestic policies. The legal acts of Ukraine adopted for this purpose are analyzed. It is noted that despite the formal consolidation of human rights policy in Ukraine, its effective implementation in practice, in particular through consolidation of efforts with the EU, becomes particularly important. Key indicators taken into account by the EU in assessing Ukrainian progress in ensuring fundamental freedoms and human rights are analyzed as well. The overall conclusion is made that by signing the Association Agreement, Ukraine has declared mutual respect for the common values of the EU, in particular those related to the protection of human rights and fundamental freedoms, and pledged to integrate them properly in its foreign and domestic policies. However, without strong democratic traditions, a stable legal system and a real understanding of importance of these values for state building, human rights and fundamental freedoms may be secured properly when and only when not just individual laws but the entire political system of the state is formed around their observance.

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.

This article is devoted to the study of the issue of human rights protection in Ukraine in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as on the basis of the case law of the European Court of Human Rights. The author examines the historical development of human rights and their protection in Ukraine, based on the main legal acts in force in different historical periods of Ukraine's development. The relations between Ukraine and the Council of Europe in terms of human rights protection were studied. The author analyses international legal instruments, in particular, individual conventions of the Council of Europe on human rights to which Ukraine is a party (in particular, the main focus is on the European Convention for the Protection of Human Rights and Fundamental Freedoms) and their place in the system of Ukrainian legislation, and also examines the issues of national implementation (process and time of accession / succession / ratification) of the Council of Europe conventions on human rights. The author highlights how the obligations to protect human rights arising from the ECHR are reflected in the Constitution of Ukraine. The author analyses the main legislative processes in Ukraine due to the ECHR, as well as the most significant cases considered by the ECtHR against Ukraine, their main points, and how the decisions on the latter affected Ukrainian legislation and human rights and their protection in general. The author concludes that the Council of Europe conventions, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, have a significant impact on the protection of human rights in Ukraine, as they set common European standards that contribute to the improvement of national legislation and practice. In addition, the ECHR guarantees fundamental rights and freedoms such as the right to life, liberty and security of person, fair trial, freedom of thought, conscience and religion, and protection from torture and inhuman or degrading treatment. Ukrainian citizens have the right to apply to the European Court of Human Rights in case of violation of their rights guaranteed by the ECHR. This provides an additional level of protection when all national remedies have been exhausted. ECHR judgments against Ukraine often become the basis for changes in national legislation and court practice to bring them into line with the standards of the Convention. Ukraine's ratification of Council of Europe conventions and implementation of their provisions is an important tool for improving the human rights protection system, raising standards of democracy and the rule of law, and adapting national legislation to European norms.

Goal: the purpose of this article is to provide insight into the current state of protection of the rights of persons sentenced to imprisonment in Ukraine; analyze the fundamental rights of convicted persons as defined by the Convention for the Protection of Human Rights and Fundamental Freedoms; highlight the legal and regulatory framework for the protection of the convicted persons’ rights at the national and international levels. Methods: general and specific scientific (special) methods were used to achieve the research goal. Results: improvement of national legislation that would protect the rights and freedoms, as well as continue the course of Ukraine on European standardization of laws. Discussion: the author finds out whether it is expedient to apply conditional release to persons sentenced to life imprisonment. The author analyzes the judgment of the European Court of Human Rights and outlines the main rights that are most often raised in criminal proceedings. Proper safeguarding and protection of the rights of both citizens and convicted persons prior to imprisonment in Ukraine require their clear legal regulation, which makes it necessary to perform a scientific analysis of the protection of the convicted persons’ rights. It is worth noting that increasing the attention to the issues of respect and protection of the rights and freedoms of persons sentenced to imprisonment today is one of the priority tasks in the field of the Criminal and Executive Law in Ukraine. The purpose of this article is to provide insight into the current state of protection of the rights of persons sentenced to imprisonment in Ukraine; analyze the fundamental rights of convicted persons as defined by the Convention for the Protection of Human Rights and Fundamental Freedoms; determine the grounds for applying to the European Court of Human Rights; highlight the legal and regulatory framework for the protection of the convicted persons’ rights at the national and international levels. Ukraine has a significant amount of regulatory legal acts intended for protection of the human rights. Some of these documents are international standards in the field of the human rights and the other part relates to the regulatory acts of the national legislation. Being based on the constitutional provisions the Criminal and Executive Code of Ukraine defines the basis for the legal status of convicted persons thus establishing their basic rights and obligations. Most of them align with the provisions of the international instruments concerning the legal status of the convictedpersons, in particular, regarding the treatment of a convicted person with respect to his human dignity; provision of the conditions for the convicted persons in compliance with the accepted standards.

Criminal law offers the possibility of interfering with human life. To avoid such unjustified interference, society and the state must guarantee that human and civil rights are protected and that the standards established in the Convention for the Protection of Human Rights and Fundamental Freedoms are observed. Therefore, it is important to analyze the dynamics of the implementation of the protective function in the conviction of crimes in the interpretation of the European Court of Human Rights ECHR. In the methodological, he made of dialectics and documentary observation. The work aims to analyze the practice of the European Court of Human Rights, which tracks the dynamics of the protection function in sentencing for crimes. As a result of the study, the dynamics of the protection function in sentencing for criminal offenses were clarified through the practice of the ECHR, the problematic issues of the implementation of the protection function were analyzed in the example of Ukraine and foreign countries, and proposals were made, to use the practice of the ECHR as a “living tool” for the protection of human and civil rights and freedoms.