Interaction of ihrl and ihl in the field human rights promotion

Author:

Prokhorenko Mykhailo M.1,Manuilova Kateryna V.2,Tarasova Iryna V.3,Nazarov Viktor V.4,Denysenko Kateryna V.5

Affiliation:

1. Department of Legal Support, National Defence University of Ukraine named after Ivan Gherniakhovskyi, Kyiv, Ukraine

2. Department of International and European Law, Faculty of International Legal Relations, National University "Odessa Law Acadamy", Odesa, Ukraine

3. Department of Law, Faculty of Economics and Law, Kyiv Cooperative Institute of Business and Law, Kyiv, Ukraine

4. Department of Criminal Procedure and Criminalistics, Academy of Advocacy of Ukraine, Kyiv, Ukraine

5. Department of Administrative, Civil and Commercial Law and Process, Academy of the State Penitentiary Service, Chernihiv, Ukraine

Abstract

The urgency of the research is conditioned by the actual status of the governmental and legal reality of Ukraine which is in conditions of the armed conflict seventh year in a row resulting in the need to ensure both state sovereignty and guarantee and protection of human rights. In this regard, the article is aimed at studying the interaction of international human rights law and international humanitarian law, as well as their implementation in the legislation of Ukraine in conditions of an armed conflict. Scientific methods of research of the declared problems are the system method by means of which the international human rights law and the international humanitarian law are considered as two systems of more difficult complex – the international law. Using the structural-functional method, the structure and mechanisms of functional interaction of these systems on the legal regulation in the field of human rights in specific conditions are studied. The article analyzes the legal basis of international human rights law and international humanitarian law, as well as their possible simultaneous application in the context of the armed conflict in eastern Ukraine. Emphasis is placed on the need to ensure compliance with the principles of international humanitarian law and to bring to justice those guilty of violating the rules of the IHRL and IHL. The research results can be used in the educational process and further research.

Publisher

Croatian Communication Association

Subject

Law

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