THE MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN THE CONTEXT OF THE IMPLEMENTATION OF THE PROVISIONS OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Abstract

The article analyses and systematizes the theoretical foundations of the research of the Institute of Human Rights in Public Administration. For this purpose, the methodological basis of the study of the institute of human rights in the modern science of public administration was supplemented, as well as the implementation of law as a basic function of public administration in the field of human rights was analysed. Special attention is paid to public management standards of observance of human rights and freedoms in the format of a social, legal state. On this basis, the article analyses the constitutional content and institutional essence of the social, legal state, as well as the social orientation of public management activities in the context of legal protection. Special attention is paid to international standards in the field of humanization of public administration and ways of their implementation at the level of the national state. For this purpose, the article examines the institutional system of ensuring constitutional rights and freedoms in the conditions of the introduction of martial law and the implementation of anti-terrorist measures. The necessity of finding new legal approaches to the formation of national constitutional legislation to solve problematic issues of constitutional and legal regulation of the rights, freedoms and responsibilities of a person and a citizen has been proved. It is indicated that the formation of effective mechanisms for ensuring human rights and freedoms is a factor in the formation of civil society, the basis of the functioning of its institutions and an indicator of the level of civilization of the Ukrainian state. It was emphasized that the institution of human rights is always an object of constitutional and legal regulation of the national legal system. At the same time, the actual individual national format of law-making of the modern legal state is characterized by common properties based on conceptual international documents, first of all, the Convention on Human Rights and Fundamental Freedoms. Modern legal reforms in Ukraine, due to the harmonization of national and European legislation, actualize the task of humanizing the entire state policy, especially in the conditions of the legal regime of martial law.