ENSURING HUMAN RIGHTS AND FREEDOMS IN UKRAINE IN THE CONTEXT OF GLOBALIZATION

Abstract

The article provides a comprehensive analysis of the issue of ensuring human rights and freedoms in Ukraine in the context of globalization processes, the transformation of public administration, the introduction of martial law, and the strengthening of international legal influence. The main emphasis is placed on the formation of a rule-of-law state capable of guaranteeing not only the formal but also the effective observance of human rights and freedoms. It is substantiated that one of the defining principles of modern constitutionalism is human dignity, which in the Ukrainian context acquires new meaning under the conditions of European integration and the harmonization of national legislation with the law of the European Union.
The article identifies problems related to the fragmented nature of regulatory and legal framework, the insufficient effectiveness of mechanisms for the implementation and protection of rights in law enforcement practice, the low level of public trust in state institutions, as well as the imperfection of the judicial system. Particular attention is paid to the analysis of the constitutional complaint as a modern mechanism for the individual protection of constitutional rights operating within the framework of the Constitutional Court of Ukraine. It is emphasized that the introduction of the constitutional complaint has significantly expanded individuals’ opportunities to challenge unconstitutional provisions of laws; however, in practice, this instrument remains limited due to procedural complexity, a narrow interpretation of the subject matter of complaints, and difficulties in enforcing the Court’s decisions.
The influence of international legal standards, in particular the provisions of the Universal Declaration of Human Rights, the International Covenants, and the European Convention on Human Rights, on the development of the national mechanism for the protection of human rights is analyzed. Special attention is devoted to the challenges of ensuring rights and freedoms under martial law, where the need to safeguard national security requires strict adherence to the principles of proportionality, legality, and the prohibition of arbitrary restrictions on human rights.
As a result of the study, proposals are formulated to improve mechanisms for ensuring human rights and freedoms, in particular by enhancing the effectiveness of the constitutional complaint, strengthening the role of the Ukrainian Parliament Commissioner for Human Rights (Ombudsman), ensuring genuine access to justice, and further adapting Ukrainian legislation to the standards of the Council of Europe and the European Union. It is concluded that without comprehensive institutional and legal reforms, increased legal awareness among citizens, and the depoliticization of human rights activities, the effective protection of human rights will remain largely declarative.