Journal article Open Access

Comparative Analysis of Basic International Legal Acts Regarding Ensuring, Observance and Restoration of Legal Status of Individuals and Other Social Subjects

A.S. Tuntula, A.N. Bidei

The article provides a comparative analysis of the Universal Declaration of Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms regarding ensuring the observance of legal status of citizens and other social subjects. The same is done with the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights as well as the Venice Commission Report on the Rule of Law.   

Special attention has been drawn to the fact that the result of analysis focused on fundamental international documents on the protection of human rights and the Report of the Venice Commission can be used during development of certain powers of the President of Ukraine, the prosecution office and the whole system of anti-criminal agencies regarding effective, rational and qualitative perception, recognition, ensuring and observance of legal status of social subjects, operative prevention of its violation and a full restoration of violated legal status  “whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law” as stated in the Universal Declaration of Human Rights. And this precaution established in the preamble of the Universal Declaration should be basis for international and national regulation of effective, rational and qualitative perception, recognition, ensuring and observance of legal status of individuals and social subjects and a full restoration of violated legal status. This approach is supported by scientific school of Professor Alankir to solve the major current problems.      

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