PROBLEMATIC ASPECTS OF PROTECTING HUMAN RIGHTS AND FREEDOMS IN THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE: THROUGH THE PRISM OF ECHR DECISIONS
DOI:
https://doi.org/10.32703/2663-6352/2025-1-17-45-50Keywords:
human rights, martial law, occupation, annexation, European Convention on Human Rights, European Court of Human Rights, protection of rights, implementation of rights, criminal justice, positive actions of the stateAbstract
The article examines the state of ensuring human rights and freedoms in the temporarily occupied territories of Ukraine under the conditions of armed aggression by the Russian Federation. The study aims to identify these issues and find ways to overcome them through the analysis of the decisions of the European Court of Human Rights (ECHR).
The legal positions of Ukraine regarding compliance with international human rights standards in accordance with the Constitution of Ukraine and the European Convention on Human Rights, ratified by Ukraine in 1997, are disclosed. Legislative acts regulating the protection of human rights in the occupied territories are analyzed, including the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine" and the Law of Ukraine "On the Administration of Justice and Criminal Proceedings in Connection with the Conduct of the Anti-Terrorist Operation."
Key decisions of the ECHR in interstate cases "Ukraine v. Russia" regarding the occupation of Crimea and the events in eastern Ukraine are analyzed, as well as individual cases related to human rights violations in the context of armed conflict. Special attention is paid to the ECHR’s definition of "effective control" by the occupying state and the establishment of liability for systemic human rights violations in the occupied territories.
The ECHR’s practice is considered, particularly in the case of "Khlebik v. Ukraine" and similar cases, in which Ukraine was recognized as having taken all possible measures to ensure access to justice in uncontrolled territories. Positive actions taken by Ukraine to protect the rights of its citizens in the occupied territories and the limits of state responsibility in the context of the ongoing armed conflict are highlighted. Based on the analysis of the ECHR’s practice, conclusions are drawn regarding the formation of legal approaches to the protection of human rights under conditions of occupation and armed conflict.
