Abstract

The purpose of the article is to clarify the place of national institutions engaged in the promotion and protection of human rights in the system of domestic means created in accordance with the Paris Principles. Research methods is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc.
 The concept of understanding of the organizational and legal guarantees of human and citizen's rights has been improved in the constitutional law science, namely: the classification criterion for division into groups is the possibility/non possibility of exercising any kind of state coercion in the course of jurisdictional/ non jurisdictional activity; representative body (body responsible for ensuring Ukraine's representation in the European Court of Human Rights and coordinating the implementation of its decisions), bodies of the state executive service, private executors are the elements of the system of organizational and legal guarantees of human and citizen's rights; by classification criterion – the protection of human rights and fundamental freedoms is the primary function of the authority-guarantor or similar body of some other kinds of functions – it is substantiated that national institutions engaged into the promotion and protection of human rights belong to the group of authority-guarantor of special competence established specifically to provide guarantees, human rights and fundamental freedoms.
 It is proposed within the group of authority-guarantor of special competence established specifically to ensure the guarantees of human rights and fundamental freedoms, to distinguish a sub-group of national institutions engaged into the promotion and protection of human rights: 1) human rights commissions; 2) human rights ombudsmen; 3) anti-discrimination ombudsmen (commissions); 4) human rights institutes (centers); 5) human rights advisory committees; 6) comprehensive human rights institutes.

Highlights

  • The coordination of the state’s guaranteeing functions with constitutional and international standards in the field of human rights determines the relevance and necessity of the improvement of the theory on guarantees of human rights and fundamental freedoms, as well as the related normative, law-enforcement and other kinds of practices.ISSN 2663-5399 (Print), ISSN 2663-5402 (Online)Section 1

  • The Resolution of the UN General Assembly adopted on December, 18, 2013 called on member-states to establish effective, independent and pluralistic national institutions that promote and protect all human rights and fundamental freedoms for all; and there where they already exist – to strengthen them as provided for in the Vienna Declaration and Program of Action, and, if they are in accordance with the Paris Principles, that is to continue to participate in discussions in all relevant mechanisms contributing to these discussions in accordance with their respective mandates, including reviewing the development agenda for the period after 2015

  • Established in accordance with the Paris Principles, national institutions engaged into the promotion and protection of human rights have no legal means that enable them to independently defend the subjective legal rights of human beings and their fundamental freedoms – to consider a person’s complaint on the merits and to finish up it with a strong decision to use an effective measure

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Summary

Introduction

The coordination of the state’s guaranteeing functions with constitutional and international standards in the field of human rights determines the relevance and necessity of the improvement of the theory on guarantees of human rights and fundamental freedoms, as well as the related normative, law-enforcement and other kinds of practices.ISSN 2663-5399 (Print), ISSN 2663-5402 (Online)Section 1. The question of whether national institutions established in accordance with the Paris Principles, which promote and protect human rights, are intrinsically effective means that subject to the exhaustion of human rights when appealing of any person to the European Court, has become relevant issue in the science of constitutional and international law. This issue needs to be investigated in the context of the organizational guarantees on the implementation the right of everyone, after the use of all national means, to apply for the protection of their rights and freedoms onto the relevant international judicial institutions or to the relevant international bodies, where Ukraine is being a member of

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