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sphere
influences the decrease of legal culture.
UNO ACTIVITY IN HUMAN RIGHTS SPHERE
After the Second World war under the influence of the facts of mutual
abuse of human rights the general recognition was received by
the concept of necessity of the international cooperation in
this sphere. In item 3 of article 1 of The UNO Constitution it was
proclaimed that one of the UNO tasks is realization of joint
activity of the state members. This activity is directed to
the human rights be respected and adhered by all,
irrespective of race, sex, language and religion.
According to this item Ukraine as one of the UNO founders has
taken the obligations to act independently or together with other
states in order to achieve a world wide respect of human rights
and their realization. In the Declaration of State Independence
of Ukraine, July 16, 1990 a priority of common to all mankind
values above class values and a priority of conventional norms
of the international legislation above norms of domestic
legislation were confirmed. And by this Ukraine confirms its
readiness to adhere the UNO Constitution. In the Law "On the
Action of International Agreements on the Territory of Ukraine",
December 10, 1991 was established, that signed and properly
ratified by Ukraine international agreements are an integral
part of the legislation of Ukraine and are used in the order,
stipulated for norms of the national legislation. In the basis
of this Law there is recognition of the priority of the common
for all mankind values and the general principles of the
international legislation and will to supply the unviolability
of human rights and freedoms and to join the system of legal
relations between states on the basis of mutual respect of the
state independence and democratic bases of international
cooperation.
The Law "On the Right Inheritance of Ukraine", September 12, 1991
confirmed in article 6 the obligations of our state concerning
international agreements, signed by Ukrainian SSR. The adduced
international acts and the domestic legislation convincingly
prove Ukraine's will to participate actively in UNO work
directed to the protection of human rights.
On the territory of Ukraine this obligation enables each person to
lean for the protection of its rights and freedoms on
international standards produced by UNO, and in case of refusal
of government bodies to protect these rights and freedoms to
address in UNO. Unfortunately such necessity exists, as on apt
expression of the chairman of a the standing Commission on Human
Rights, Protection of Minorities and Refugees of Supreme Council
of Ukraine Mr. Vladimir Butkevich today in our state there is
a crisis of the legal system.
In this case it is necessary to consider a gear of UNO
activity in the field of rights of the person and to define
opportunities for protection of each person.
First of all it should be said, that UNO has defined a sense and
has made a list of human rights which should be observed by all
countries of the world and Ukraine in particular.
Our country, since it has become a member of UNO, actively
participates in the output of main documents, which concern
human rights. Ukraine ratified and has admitted compulsory 14 of
22 major international agreements on human rights, developed
by UNO. At the Second World Conference on Human Rights in Viden
in 1993 delegates from almost all the countries of the world have
admitted, that the main international standards of human rights are
today generated and the main task of UNO is to increase the
efficiency of the gear of international protection of rights of
the person.
Not concretizing the sense of international standards concerning
human rights, which are well investigated by Ukrainian and
Russian scientists (these standards are in published texts of
The Universal Declaration of Human Rights, December 10, 1948,
International Pact on Economic, Political and Cultural Rights,
December 16, 1966 and in some other documents), it would be
necessary to note, that even the announcement of the state of
emergency can not call restrictions or abuse of the great number
of human rights.
According to article 4 of The International Pact on Civil and
Political Rights in a case of state of the emergency when there is
the heaviest threat to the human rights and freedoms there can not be
abused: the right to life; prohibition of deprivation of freedom
for impossibility to execute contract obligations; prohibition
of providing with the force of return the criminal law; the right
to recognition of the legal capacity of each person; ideological
freedom, freedom of conscience and religion.
THE INTERNATIONAL GEAR OF PROTECTION OF HUMAN RIGHTS
Today the international gear of protection of human rights acts
in frameworks of UNO.
The General Assembly of UNO according to article 13 of The UNO
Constitution carries out researches and gives recommendations
concerning fulfillment and respect of human rights. In order to
support this UNO accepts appropriate resolutions on particular
questions of protection of human rights. Though the resolutions
have recommendatory character, member countries, as a rule
execute these recommendations. The General Assembly also accepts
and opens for ratification by countries - members conventions, which fix
international standards of human rights. Economic and Social
Council helps General Assembly in this activity . According to
article 68 of The UNO Constitution two functional commissions
were created - the Human Rights Committee with smaller
Subcomission on Prevention of Discrimination and Protection of
Minorities and the Commission on Women Status. In the already
mentioned Subcomission there is a representative of Ukraine -
professor Vladimir Butkevich .
The Human Rights Committee is chosen by the Economic and Social
Council from 43 representatives of UNO member countries for 3
years. The representatives of Ukraine many times were chosen
members of the Human Rights Committee considering their active
work in the development of international agreements and other
documents in the field of rights of the person.
The Human Rights Committee is going annually on sessions and
discusses most important questions of international protection
of human rights. Besides development of projects of conventions
for General Assembly of UNO, it investigates the cases of
malicious and mass abuse of human rights.
Only in modern conditions of development UNO and its bodies
have an opportunity to depart from the ideological collisions on
questions of human rights and to begin to consider aspects of
interstate relations as cooperation for achievement of such
great values - rights and freedoms of the person.
Now such conventional bodies act: Committee on Liquidation of
Race Discrimination, created according to the International
Convention on Liquidation of All Forms of Race Discrimination,
December 21, 1965 (since April 7, 1969 Ukraine participates in
this Convention); the Human Rights Committee, created according
to International
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