“Pravova derzhava”. Issue 35 (2024), pages 73–81.

DOI: 10.33663/0869-2491-2024-35-73-81

Onishchenko Natalia
The nature and purpose of legal guarantees: today’s challenges

Introduction. Today, the thesis that the architecture of the human rights system is subject to some adjustments and changes doesn’t need proof. Since the right to life, as a fundamental right, cannot be ensured, like other groups of rights, without the human right to peace. In general, we adhere to the point of view that there are no secondary human rights. However, a person's right to peace appears to be a primary right among the primary rights.

Institute of State and Law named after V. M. Koretsky, since the beginning of the full-scale invasion of the Russian Federation in Ukraine, has been paying attention to guaranteeing the human right to peace.

Having conducted a «definitional exploration» of the understanding of guarantees, the author's definition of this concept was provided.

Guarantees are national and international means and methods in the fight against discrimination, violence and violations of human rights, freedoms and legitimate interests.

The aim of the article. is to refer to legal analytics regarding the context of legal guarantees in ensuring the human right to peace.

Results. To date, after the full-scale invasion of the Russian Federation into Ukraine, together with the architecture of the human rights system, there is a need to review the guarantees of the system of existing or non-existent today, but very necessary for protection and provision of relevant human rights.

The article offers some illustrative basis of the above reflections. In particular, it is considered necessary in the system of human rights, and therefore their guarantee, to defi ne the following blocks: a) security; b) protection of the rights of representatives from vulnerable social groups; c) socio-economic rights and their guarantees.

The security block, for obvious reasons, must be reproduced taking into account the documentary complex created in the European Union. In particular, it will be about the constitutional acts of the EU.

The second of the specified blocks of guarantees concerns the relevant socially vulnerable groups. Which after the Russian aggression were supplemented, in particular, by the following categories: internally displaced persons, externally displaced persons, persons who are in the occupied territories, on the line of demarcation of fi re; women who have experienced gender-based violence; children, etc.

Regarding the third block, the following is stated. The human right to peace is connected with the protection of socio-economic human rights.

Considering the proposed context, more attention was drawn not so much to the textbook presentation of the temporal-spatial development of social rights, but to certain segments of the defi ned problem, which significantly emphasize its actualization. In addition, consideration of social rights, their «capabilities» and guarantees, should refer to those threats and challenges that, unfortunately, are offered by the new realities of modern life.

Conclusions. Thus, human rights are traditionally one of the most discussed and used topics of scientific circulation, in fact, as the very guarantees that ensure these rights and protect them. It is necessary to turn to legal guarantees, which is what domestic legal science focuses on.

Key words: guarantees, legal guarantees, appointment of legal guarantees, human rights, freedoms, human right to peace.

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