Legal mechanism for implementation of human rights in Ukraine: state and directions of improvement

Abstract

The article presents a general theoretical description of the legal mechanism for the implementation of human rights.
 It is emphasized that the important role in implementing human rights is played by the state, as well as other institutions of society - religious organizations, public organizations, the media, etc., as well as specific people.
 It is stated that the social mechanism for implementing human rights includes the following mechanisms: 1) the international mechanism for ensuring human rights; 2) legal (domestic) mechanism for ensuring human rights; 3) the mechanism of ensuring human rights through other social means (moral, religious, etc.).
 The concept of the legal mechanism for implementation of human rights as a system of effective legal means (guarantees) for the protection and defense of human rights enshrined in regulations and other sources of law, as well as activities to form legal awareness of the subjects.
 The main problems in the field of the legal implementation of human rights in Ukraine are outlined.
 The main directions of improving the mechanism of the legal implementation of human rights in Ukraine are formulated:
 - enshrining in the Constitution of Ukraine special sections devoted to: 1) guarantees of fundamental human and civil rights and freedoms; 2) the rights of the child and legal guarantees for their provision;
 - bringing the provisions of the laws of Ukraine on human rights in line with international human rights standards;
 - adopting laws of Ukraine, where there are gaps in the field of regulation of the implementation of certain human rights;
 - improving the laws of Ukraine on human rights so that they express the will of the majority or the entire population;
 - restricting human rights only in cases specified by law, taking into account the need and expediency for society;
 - increasing the level of mutual responsibility of the individual and the state;
 - improving procedural and legal mechanisms for implementing human rights;
 - increasing the role of the judiciary of Ukraine as the most reliable and effective legal guarantee of human rights protection;
 - more effective application by the courts of Ukraine during the consideration of cases of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights as a source of law;
 - raising the level of legal awareness of officials and other participants in public and state life;
 - more effective legal implementation of the rights of certain categories of people who especially need it in modern conditions (children; socially vulnerable persons, women, etc.);
 - more effective legal implementation, first of all, of vital human rights: the right to life, the right to social protection; the right to an adequate standard of living for oneself and one's family; the right to health care, medical assistance; the right to a safe environment for life and health.