Regarding compliance with national standards for ensuring individual rights to protection in accordance with international standards

Lviv Polytechnic National University, Institute of Jurisprudence and Psychology

The issue of compliance with national standards ensuring an individual’s right to protection in accordance with international standards has been considered. It is noted that one of the primary tasks of modern international law is to ensure international protection of human rights and establish norms regulating relations between states and other subjects of international law. These norms aim to guarantee the rights and freedoms of individuals as provided by international agreements. Emphasizing that the process of establishing international legal standards for human rights protection is inevitably linked to the creation and adoption of universal international documents, many human rights have been normalized through corresponding forms and mechanisms. Recent history of interstate relations has seen the systematization of international agreements defining human rights protection standards through a series of normative acts known as the International Bill of Human Rights. This bill includes the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural RightsThe International Bill of Human Rights serves as the normative foundation for human rights protection standards at the international level.  

It is argued that a fundamental component of general international human rights standards is the right of the accused to defense. The right to defense in criminal proceedings is one of the most important institutions and serves as a guarantee for other rights and freedoms of individuals. Its stability and viability characterize the level of development of the rule of law, democracy, and societal culture. Thus, the accused’s right to defense is an integral part of general international human rights standards and is considered a necessary condition for the realization of the right to a fair trial. The right to defense is among the universally recognized principles of international law, as enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights. The provisions of these international legal acts are implemented in national legislation. At the national level, ensuring the accused’s right to defense is enshrined in the Constitution of Ukraine, the Criminal Procedure Code (hereinafter referred to as CPC) of Ukraine, and the Law of Ukraine “On Free Legal Aid,” among others.

It is noted that ensuring the right to defense is a fundamental principle of national justice systems. These principles are authoritative requirements addressed to participants in criminal proceedings, obliging (or allowing) them to act in a certain way. For individuals involved in criminal proceedings, compliance with these requirements is their legal duty.

It is established that the main international human rights treaties have been recognized by Ukraine, forming part of its national legislation and ensuring judicial protection. The right to defense is classified by national legislation as one of the fundamental principles of justice, which entails that authorized officials empowered to conduct criminal proceedings must guarantee the procedural rights of suspects, accused persons, convicted individuals, and acquitted individuals as provided by the Criminal Procedure Code of Ukraine. Furthermore, these officials, while exercising their rights, should have the opportunity to defend against accusations.

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