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 th...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2020-09-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/310 |
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| author | V. V. Ablamska |
| author_facet | V. V. Ablamska |
| author_sort | V. V. Ablamska |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-dad117f001f64f35bd12fd0a3e707aa2 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2020-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-dad117f001f64f35bd12fd0a3e707aa22025-02-02T04:13:38ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2020-09-019039310110.32631/v.2020.3.10310Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National LegislationV. V. Ablamska0Kharkiv National University of Internal AffairsThe 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.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/310international and legal actsnational legislationright to liberty and integrity of the personrestriction of the rights. |
| spellingShingle | V. V. Ablamska Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation Bulletin of Kharkiv National University of Internal Affairs international and legal acts national legislation right to liberty and integrity of the person restriction of the rights. |
| title | Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation |
| title_full | Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation |
| title_fullStr | Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation |
| title_full_unstemmed | Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation |
| title_short | Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation |
| title_sort | normative provision of the right to liberty and integrity of the person in the light of international and national legislation |
| topic | international and legal acts national legislation right to liberty and integrity of the person restriction of the rights. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/310 |
| work_keys_str_mv | AT vvablamska normativeprovisionoftherighttolibertyandintegrityofthepersoninthelightofinternationalandnationallegislation |