...Дискусія–спосіб зміцнити опонента в його помилках (Амброз Бірс)...

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Міжнародна науково-практична конференція 12.12.19 - СЕКЦІЯ №1
Formulation of the problem. The level of development of the state is an indicator of the degree of development of the human rights institute in the country, and the proper mechanism of implementation of the norms that enshrine human rights, testifies to democracy, law and order, legality and approximation of the state to the level of legal. Despite the enshrining of human rights as normative provisions in international acts and the laws of individual states, they do not receive proper implementation.
Analysis of recent research and publications. Problems of implementation of constitutional legal norms regulating human rights were paid attention by such scientists as: Y. Barabash, L. Zavadskaya, E. Zakharov, O. Zaychuk, V. Kolisnyk, A. Kolodiy, M. Kozyubra, O. Lukashova , A. Oliynyk, V. Pogorilko, M. Rabinovich, V. Rechytsky, O. Skrypnyuk, T. Slinko, Y. Todyka, M. Khavroniuk, V. Yavorsky and many others.
Part of the general problem has not been solved previously. Despite numerous studies, the problems of the mechanism of realization and protection of human rights and freedoms in the last quarter of the XX - beginning of the XXI century acquired, can be argued without exaggeration, of worldwide, global importance and came out on top in the international system of criteria for assessing the level of democracy in a particular country and in the world. This is what determines the relevance of the chosen research topic.
Formulating the goals of the article. The purpose of the article is to identify possible prospects for the modernization of legislation in the field of protection of human and citizen's rights and freedoms on the basis of the study of modern achievements.
Outline of the main research material. The issue of human rights is a major issue of internal and external legal development. Their provision is the criterion by which the level of democracy in the country is assessed.
The place of the person in the society, its social role is largely dependent on the amount of rights and freedoms that determine its social capabilities, the nature of life, and the system of communication of people in society. Human rights are the social capacity to act freely, independently to choose the type and measure of one's behavior, in order to satisfy the diverse material and spiritual interests of others, as well as those of others, particular societies and society as a whole. Rights and freedoms are normatively secured under the condition of a system of legal regulation in the country, which supports the principles of personal freedom. This system is itself a normative guarantee, unless it is contradictory, consistent and accessible.
In the years of independence, a fairly satisfactory legal framework for human rights and citizenship has been established in Ukraine. First of all, as noted above, these rights have clear constitutional safeguards, and a number of pieces of legislation have been adopted that directly relate to this area. Among the most important legislative acts in this area are the following: Laws of Ukraine «On Citizenship in Ukraine», «On the Ombudsman», «On Immigration», «On Refugees», «On Languages in Ukraine», «On rehabilitation of victims of political repression», «On Ukraine's accession to the UN Convention on the Status of Refugees and the Protocol on the Status of Refugees», etc. [1, p.37].
However, at the level of the law, some rights and freedoms have not yet been properly acquired or even secured. Examples are the recent anti-constitutional institute of registration, the absence of a separate law on the procedure for holding peaceful meetings, rallies, marches and demonstrations, etc. [2, p.110].
Improvement of legislation on the protection of human and citizen's rights and freedoms is carried out in our country by: increasing the overwhelming weight of laws in the system of normative legal acts that directly determine the order of realization of fundamental rights and freedoms of the human and the citizen; promoting this legislation to the Constitution of Ukraine and international standards in this field; bringing the norms contained in the laws guaranteeing the fundamental rights and freedoms of the individual and the citizen to a high level of specification; strengthening of legal guarantees of protection of these rights and freedoms, strengthening of legal means of their realization.
In my opinion, the practice of the Bureau of Democratic Institutions and Human Rights in supporting legislative activity (including legislative analysis and evaluation of the lawmaking process), as requested by state bodies of OSCE participating States, is important for the development and improvement of national models of human rights protection also from OSCE missions and other institutions in connection with their mandate and projects. In the framework of the analysis of laws or projects, the Bureau of Democratic Institutions and Human Rights interacts with divisions of other international organizations, notably the European Commission for Democracy through Council of Europe law (the Venice Commission), in particular by issuing joint conclusions and recommendations [3].
In addition to providing opinions on laws or draft laws, the OSCE ODIHR's activity in the field of setting appropriate standards is to encourage the development of relevant legal doctrine [4, p. 224].
The very work of the Council of Europe on constitutional human rights mechanisms covers the establishment of supranational human rights standards as reflected in the 1950 Convention on Human Rights and Fundamental Freedoms [5] and its protocols developed in the work of the European Commission on Human Rights and the European human rights courts, as embodied in other human rights treaties approved under the auspices of the Council of Europe (such as the European Social Charter 1996, etc.), covered by Council of Europe regulations and framework the activities of the Venice Commission and the special structures under its auspices.
So now, real protection of human rights is one of the most pressing problems of Ukrainian reality. It serves as a more important task not only for the functioning but also for the existence of the Ukrainian statehood. Therefore, it should be borne in mind that respect for human rights in Ukraine, taking into account the European experience, is possible only through the effective reform of the system of government and adherence to a comprehensive approach to human rights by both the state and civil society.
Conclusion. Thus, the basis of the Constitution of Ukraine is based on fundamentally new legal paradigms of foreign and domestic state policy of Ukraine, aimed at the assertion and protection of human and citizen’s rights and freedoms. This objectively requires a major reorientation and modification of the entire national legal system.

1. Prieshkina O.V. Human rights in Ukraine. Rule of Law, 26, 2017. P.33—40.
2. Dasho T.Yu. Protection of human and civil rights and freedoms at the stage of civil society formation. Bulletin of Lviv Polytechnic National University. Law. 2015, No. 813. P. 108—118.
3. ODIHR and Legal Assistance / OSCE / ODIHR. URL: https: // www.osce.org/odihr/147261?download=true.
4. Kuybida R., Syroid O. Handbook of writing court decisions. Kiev: Dream Art, 2013. 224 p.
5. Convention for the Protection of Human Rights and Fundamental Freedoms Rome, 4th September, 1950 amended by Protocol No. 14. URL: https://www.echr.coe.int/Documents/ Convention_ENG.pdf {jcomments on}

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