Ensuring the principle of the right to protection in Ukraine

2023;
: 238-243

Citation APA: Pohorilets M., Slotvinska N. (2023).  Ensuring the principle of the right to protection in Ukraine.  Bulletin of Lviv Polytechnic National University. Series: Legal Sciences. Vol. 10, No. 2(38), pp. 238-243. https://doi.org/10.23939/law2023.38.238

1
Lviv Polytechnic National University
2
Institute of Jurisprudence and Psychology, Lviv Polytechnic National University

The principle of the right to protection is crucial for upholding human rights, promoting social justice, and strengthening the rule of law in Ukraine. This article highlights the relevance of researching and addressing the challenges and opportunities in ensuring this right in Ukraine. It examines the country's political, social, and legal transformations, conflicts, and aspirations for European integration. The article explores Ukraine's legal framework, measures taken, and progress made in ensuring the right to protection, including the independence of the judiciary, access to justice, legal aid programs, and prevention of arbitrary detention or treatment. However, challenges such as corruption, delays in court proceedings, limited access to justice, conflict-affected areas, and societal attitudes persist. Addressing these challenges requires ongoing efforts, including judicial reforms, resource allocation, public awareness campaigns, conflict resolution, and human rights education. This research contributes to the broader discussions on human rights and the rule of law in transitional and post-conflict societies and informs strategies for promoting the right to protection worldwide.

The article emphasizes the significance of the research topic by examining Ukraine's political, social, and legal transformations in recent years. These transformations have presented challenges related to the rule of law, corruption, and human rights protection. By focusing on the right to protection, researchers can assess the progress made, identify gaps and shortcomings, and provide insights into areas that require attention and improvement. This evaluation serves as a tool to measure the effectiveness of legal reforms, policy initiatives, and institutional changes undertaken in Ukraine to ensure the protection of individuals' rights.

The relevance of this research topic is further underscored by Ukraine's ongoing conflicts and security concerns. The war and annexation of Ukrainian territories have resulted in human rights violations, displacement, and the need for accountability and justice. By examining the right to protection, researchers can explore the impact of these conflicts on individuals' rights, assess the measures taken to address the resulting challenges, and evaluate the extent to which the right to protection is upheld in Ukraine.

1. Constitution of Ukraine of June 28, 1996. Information of the Verkhovna Rada of Ukraine. 1996. No. 30. Art. 141.

2. Criminal Procedure Code of Ukraine dated April 13, 2012 No. 4651-VI. Information of the Verkhovna Rada of Ukraine. 2013, No. 9-10, No. 11-12, No. 13, Art. 88.

3. Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand. URL: https://zakon.rada.gov.ua/laws/show/984_011#Text.

4. International Covenant on Civil and Political Rights. Adopted on December 16, 1966 by the UN General Assembly. Ratified by Decree of the Presidium of the Verkhovna Rada of the Ukrainian SSR No. 2148-VIII (2148-08) dated 10/19/73. URL: https://zakon.rada.gov.ua/laws/show/995_043#Text.

5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Information of the Verkhovna Rada of the Ukrainian Soviet Socialist Republic. 1989. No. 13. Art. 108. https://doi.org/10.1007/978-94-017-1939-1_2

6. National Preventive Mechanism : Article dated 15 January 2023. Wikipedia. URL: https://uk.wikipedia.org/wiki. (date of application: 01.06.2023).