Disadvantages of the Charter of the European Union on Fundamental Rights and the need to add new rights and freedoms: a theoretical analysis

The article examines the main shortcomings of the Charter of Fundamental Rights of the European Union. The issue of the need to supplement the Charter with new rights and freedoms has been proven. The relevance of this topic is substantiated thanks to the activities of international organizations, namely the Council of Europe and the European Union. It has been noted that in the European space, fundamental human rights have undergone significant development both in terms of their complex and in terms of meaningful content and diversification of individual rights and freedoms. It is emphasized that the Charter creates unequal conditions between all the established and guaranteed opportunities of a person and a citizen. It is noted that one of the options for making changes and additions to the text of the Charter is its direct, full integration into the revised editions of the founding treaties of the European Union. Attention is focused on the fact that currently the Charter is considered by the member states as a larger and more progressive catalog of basic human rights than the European Court of Human Rights of the Council of Europe, which, given its fundamental importance, is still only a recognized «minimum of standards» for the European of the Union. It is emphasized that the extension of the legal force of the Charter to our country should be conditioned by the fact that it should become a full-fledged participant of the European policy of good neighborliness, which in turn will connect other states to this specific direction of interaction. The provision is highlighted that, while recognizing the importance of the Charter in the international legal system of protection of human rights and fundamental freedoms and its place in the hierarchy of sources of law of the European Union, we can at the same time properly take into account the peculiarities of national legislation and national practice and, accordingly, use appropriate measures in terms of application of the provisions of the document. Based on the results of the conducted research, conclusions were made regarding the importance and prospects of the Charter for Ukraine, namely the obligation to comply with the Charter by the partner states of the European Union. The conclusion is given that in the future the Charter of Fundamental Rights, adopted on behalf of all the member states of the European Union, can become for Ukraine that regional law-making act, successfully supplementing the new meaning of the concept of «national values», which, as objects of national security of the member states of the European Union and as spiritual, intellectual and material property belonging to them as a whole, may be included in the relevant normative legal acts of Ukraine.