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which would influence the
activity of the countries and notify or terminate infringements
of human rights.
In 1993 the General Assembly of UNO adopted the decision
to introduce a new post - Supreme Commissioner of UNO on
Human Rights. This official should monitor observance of
human rights worldwide and using present gears of UNO render
influence the countries, in order to achieve observance of human
rights and freedoms. Yet there is no experience of work of this
new chain of the gear of UNO in protection of human rights. But
the experience of regional conventions on human rights testifies
that it is necessary to add to the UNO gear one more
important part - International Human Rights Court. In modern
conditions it could execute protection of rights and freedoms of
the person worldwide in judicial order. This body could
consider complaints of persons on infringement of human
rights. Now such complaints without any consequences are
considered by the Human Rights Committee. And the International
Human Rights Court could bear compulsory decisions, fulfillment
of which Security Council of UNO would guarantee. It's clear, that
the consent to the compulsory jurisdictions of such court
countries should give in the appropriate international document.
The International Court of UNO acting today considers exclusively
complaints of countries at the infringement of international
agreements by other countries. It concerns conventions on human
rights. Ukraine has admitted the compulsory jurisdiction of the
International Court of UNO concerning complaints at infringements
of human rights. Any complaint at the infringement of the
international conventions on human rights will be taken to
consideration in the International Court of UNO. Concerning
other conventions, at availability of the complaint of certain
country on Ukraine, consent of our country to consideration in
the International Court is necessary. Such position of Ukraine
testifies its relation to human rights and its diligence to use
completely the acting gear of UNO for protection of human rights.
There is one important task facing Ukraine - to enter the
political and legal space, created in Europe. The European
Council did large work and has created more than 140 conventions
on human rights. Participation of the majority of the countries of
Wstern Europe in these conventions caused the unification of
their legislation on human rights and has given an opportunity
to increase the level of realization of human rights and freedoms.
HUMAN RIGHTS IN UKRAINE
July 16, 1990 Supreme Council of Ukraine has ratified the
Declaration of the State Independence of Ukraine, which has
proclaimed "the state independence of Ukraine is priority,
independence, completeness and unity of the authority of
the Republic in its territorial borders and independence and
equality in external relations". In the Declaration there was
stressed the equality of all citizens of the republic
irrespective of origin, social and property status, race and
nationality, sex , education, language, political sights and
religion, profession, place of residing and other circumstances.
December 25, 1991 Ukraine has joined the Optional Protocol and
International Pact on Civil and Political Rights.
But, unfortunately, having ratified these important
international agreements, Ukraine its own internal
legislation has not been put in conformity with the named
agreements.
For example in Section of the International Pact on Civil and
Political Rights it is said, that the person has the right to life,
which is protected by the law. But in our state capital
punishment is still used. This kind of punishment is preserved
in the the new Criminal code draft.
Ukraine ratified 45 important international conventions, has
participated in preparation and acceptance of more than 60
resolutions, declarations, pacts, conventions, agreements and
other documents, which impose particular international
obligations on member countries. Besides the above mentioned international
documents, Ukraine ratified the International Convention on
Liquidation of All Forms of Race Discrimination, the
International Convention on Termination of Apartheid
Crimes and Punishment for Them, Convention Against Apartheid in
Sport, Convention on Liquidation of All Forms of Discrimination
of Women. It testifies a certain level of development of legal
culture, that will allow the state to enter the world community.
POLITICAL RIGHTS AND FREEDOMS IN UKRAINE
The adoption at the end of 1989 by the Supreme Council of
Ukrainian SSR of the Law "On Elections of National Deputies",
in which the elections on the alternate basis stipulated, was the
first step on a way to creation of democracy in Ukraine. Despite
obvious defects of that Law, as granting of a unique opportunity
to the Communist party to interfere in the process of elections.
The republic received a new Parlament, which has on August 24,
1991 adopted the Act declarating independence of Ukraine.
The Supreme Council of Ukraine has ratified the laws "On public
and local referendums", "On elections of president of Ukraine",
"On public associations". The preconditions for participation of
the person in state and public life, for influence on activity
of different state bodies and public associations of political
direction; participation in the formation of representative
bodies of state power and local authorities; creation and
participation in the activity of public associations.
In 1991 there was conducted a referendum, which gave an
opportunity to citizens to express their attitude to
independence of Ukraine. The elections of president of Ukraine,
which were conducted on December 1, 1991 on the alternate basis,
were free and democratic. People chose Leonid Kravtchuk. But
already in the mid-1992, as the consequence of an economic
policy discontent began to grow (there was made an attempt to
collect 3 million of signatures with the requirement advance to
re-elect Supreme Council and the president of Ukraine).
An important step on the way to construction of a democratic state
was an acceptance on March 6, 1992 the Law "On cancellation of
criminal punishment in a kind of the exile and banish".
At the end of 1993 the Supreme Council accepted the Law "On
entrance - departure", which is certainly a step of our
legislation ahead. Unfortunately, this project does not contain
precisely developed political gears of realization of the right
of citizens to departure and entrance to Ukraine. Some thesis of
the project are directed on legal fastening of the existing
situation.
February 4, 1994 the Law "On the legal status of foreigners"
was adopted, it defines the legal status, fixes the main rights,
freedoms and responsibility of foreign citizens, as well as
those of persons without citizenship, which live or temporarily
stay in Ukraine, and defines the order of consideration of
questions, connected with departure or entrance to country.
SOCIAL AND ECONOMIC RIGHTS.
Ukraine among the first 20 states
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