The doctrine of human rights in the field of private law relations: legal theoretical aspects
Loading...
Date
2019-12
Journal Title
Journal ISSN
Volume Title
Publisher
Rushing Water Publishers Ltd
Abstract
World globalization and transboundary orientation to the best and most efficient provision
of human rights today is the driving force behind ensuring the implementation of the human rights
doctrine in the civil law of Ukraine. Despite the diversity of approaches to this topic, its complex
research has not been conducted that, in turn, has generated the interest of the article’s authors.
With consideration of new legal approaches and practice of law enforcement, the authors made the
following conclusions: 1) review of doctrinal approaches to determination institute of human rights
in the context of today’s realities demonstrated that the one and unified concept of introduction
human rights in the civil legislation at both national and international levels is absent; in addition,
an efficient mechanism of unification has not been found; 2) analysis of legal foundations of the
establishment of human rights institution in the field of legislation revealed their close connection,
interdependence, provided an author's conditional list of approaches to consolidate the human rights
doctrine in the national civil law, to outline existing gaps and inaccuracies in legal regulation; 3)
studying concepts of human rights protection in the civil legislation gave an opportunity to state that
legal civil protection of legalised in national law of Ukraine human rights is currently in a
transformational state under the influence of European integration aspirations of Ukraine and
internationally updated standards, however, despite this tendency, competent state institutions are
able to provide adequate protection for civil-detailed human rights, in particular by implementing
the practice of the European Court of Human Rights in legal proceedings. Conducted research
provides grounds to argue that the modern national civil law of Ukraine is a stable basis, and it
consolidates various conceptual approaches to the doctrine of human rights, moreover, this branch
is ready for qualitative and effective transformations and improvements on the way to ensuring the
substantive unity of doctrine and the law at the national level.
Description
Keywords
civil law of Ukraine, doctrine, human rights, European Court of Human Rights, globalisation
Citation
The doctrine of human rights in the field of private law relations: legal theoretical aspects / Veronica Yu. Horielova, Vasyl A. Omelchuk, Oleksandr F. Kalinichenko [et al.] // Asia Life Sciences : the Asian International Journal of Life Sciences / [board of ed.: William Sm. Gruèzo (chief ed.) et al.]. – 2019. – Iss. 2, 28 Desember. – P. 795–819.