Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation
The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integrity of the person, comply with international legal acts.
Particular attention has been paid to the analysis of the decisions of the European Court of Human Rights, which emphasize the importance of this right, especially in the context of interpreting the requirements of the Art.. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. In this regard, it has been emphasized that any restriction of the right to liberty and integrity of the person must comply with the provisions of paragraph 1 of the Art. 5 of the said Convention and in no case go beyond its limits, i.e. to be consistent with its purposes (objective). In case of the violation of this right, a person can apply for the protection of his violated rights to the European Court of Human Rights.
Taking into account scientific points of view, analysis of the relevant provisions of international and legal acts and national legislation, the author has clarified that the right to liberty and integrity of the person is a natural, inalienable and fundamental right of every human being. In this regard, each Member State, having ratified an international treaty guaranteeing the right to liberty and integrity of the person, is obliged to establish an effective legal mechanism for the protection of such a right in national law.
Dal A.L. and Ablamskyi S.Ye., 2017. Detention as a measure of restraint in criminal procedure [Trymannia pid vartoiu yak zapobizhnyi zakhid u kryminalnomu provadzhenni]. Kharkiv: Kharkivskyi natsionalnyi universytet vnutrishnikh sprav; Panov. (Ed. Yukhno O.O.)
Tatsii V.Ya., Petryshyn O.V., Barabash Yu.H. et. al. (eds), 2011. Constitution of Ukraine. Scientific and practical commentary [Konstytutsiia Ukrainy. Naukovo-praktychnyi komentar]. 2nd ed. Kharkiv: Pravo.
Nguindip N.C., 2018. The Right to Freedom of Movement and the Protection of Refugees in Cameroon: What Prospect for Implementation? Journal of Human Rights Law and Practice, Vol. 1, Iss. 2, pp. 37-45.
Oliinyk V.S., 2006. The constitutional human right of the man on personal unviability and its guarantee by the internal bodies Ukraine [Konstytutsiine pravo liudyny na osobystu nedotorkannist i yoho zabezpechennia orhanamy vnutrishnikh sprav Ukrainy]. Abstract of Ph.D. dissertation. National University of Internal Affairs.
Kuchynska О.P., 2015. The principle of criminal proceedings the right to liberty and security in the light of international standards of human rights [Zasada kryminalnoho provadzhennia zabezpechennia prava na svobodu ta osobystu nedotorkannist u svitli mizhnarodnykh standartiv u haluzi prav liudyny]. Vìsnik krimìnalʹnogo sudočinstva – Herald of Criminal Justice, No. 1, pp. 74-79.
Kuchynska О.P., 2013. Principles of criminal proceedings in the mechanism of ensuring the rights of its participants [Pryntsypy kryminalnoho provadzhennia v mekhanizmi zabezpechennia prav yoho uchasnykiv]. Kyiv: Yurinkom Inter.
Simonovych D.V., 2011. European standards of human rights in the pre-trial stages of the criminal process of Ukraine [Yevropeiski standarty zabezpechennia prav liudyny u dosudovykh stadiiakh kryminalnoho protsesu Ukrainy]. Kharkiv: Nika Nova.
Volkov K.D., 2015. Ensuring the right to liberty and security of the person during application of preventive measures in criminal proceedings [Zabezpechennia prava osoby na svobodu ta osobystu nedotorkannist pid chas zastosuvannia zapobizhnykh zakhodiv u kryminalnomu provadzhenni]. Ph.D. dissertation. National Academy of Prosecutors of Ukraine.
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