MODERN APPROACHES TO UNDERSTANDING HUMAN RIGHTS PROTECTION IN UKRAINE AND THE EU

Abstract

The article analyzes the understanding of modern methods of protecting human rights in Ukraine and the European Union. The European integration processes in Ukraine, as well as the introduction of martial law in Ukraine, in their totality, encourage the development of new approaches to the protection of human rights. In addition, the article focuses on the emergence of "new rights", which is what prompts their legal regulation and the development of appropriate methods of protection. The concepts of "human rights protection system" and "human rights protection mechanisms" are distinguished. Thus, the system of human rights protection includes judicial bodies, the institution of the ombudsman, regional and international institutions, as well as non-governmental organizations whose activities are aimed at preventing human rights violations. The mechanism of human rights protection is divided into international and national.

Attention is drawn to the fact that the rule of law is the basis of any mechanism for the protection of human rights, regardless of which generation it belongs to. To illustrate the relationship between the rule of law and legal certainty as basic principles, the case law of the ECHR on the right to be forgotten demonstrates the peculiarity of their application in each specific application separately, in order to ensure a balance of interests of all participants in the process.

As a result of the study, a theoretical and legal understanding of the "new human rights" is proposed, according to which it is proposed to understand the complex of rights that form the system of the fourth generation of rights that arise as a result of scientific and technological progress, global challenges, which are different from the classical understanding of rights enshrined at the national and international levels. It is concluded that modern approaches to the protection of human rights are transformed under the influence of the development of social relations, the emergence of "new rights" and are in a dynamic state, which necessitates the need for an adequate and timely law-making process.

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