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Політика Європейського союзу у сфері прав людини та адаптація законодавства України до стандартів Європейського Союзу

07.12.2003
Конституціоналізм /
Права людини

Стаття – Віталій Разік. (англійською мовою). Human rights policy of The European Union and the adjustment of Ukrainian legislation to European standards.


Vitaliy Razik

HUMAN RIGHTS POLICY OF THE EUROPEAN UNION AND THE ADJUSTMENT OF UKRAINIAN LEGISLATION TO EUROPEAN STANDARDS

Context:

Introduction

1. Ukraine on a way to the EU: adaptation of the new law to harmonize with the EU requirements.

2. The EU human rights policy in the context of enlargement.

3. Economic and social rights in the EU policies.

4. The EU and the European Convention on Human Rights.

5. Current problems of Ukraine in human rights adaptation and possible their solutions.

Іntroduction

After obtaining its independence Ukraine opened a new stage of development. The country changed its communistic appearance and took a way of democracy and human rights protection. That way required the adopting of the new legislation and taking effective steps to join the world community. One of the main achievements in this direction was adoption of the Constitution on 26 June, 1996 and ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) on 17 July, 1997. This ratification has opened by itself the mechanism of human rights protection as it is stipulated by this Convention and pledged its resolve to meet the requirements, which Ukraine took upon its accession to the Council of Europe. For the first time the Ukrainian citizens have obtained the real right to apply for protection of their violated rights and freedoms directly to international bodies, in this case it is to the European Court of Human Rights in Strasbourg (as set by the Article 55 of the Constitution of Ukraine). That right has some restrictions with certain requirements, according to the formal mechanism of complaint stated by the Convention, nevertheless, to a large extent it adds to national mechanisms of human rights protection and creates conditions for the execution of supplementary supervision over its observance by all branches of power. Development of the legislation in accordance with requirement of the European Court of Human Rights already has a long history. I feel that the most important task now is to adjust the Ukrainian legislation and human right protection mechanism to the European Union standards. In my research I want to observe these requirements and find an appropriate way for the Ukrainian lawmaking initiative.

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