CERTAIN ELEMENTS OF THE MECHANISM FOR REALIZATION OF HUMAN RIGHTS IN PLACES OF DETENTION OF THE STATE BORDER SERVICE OF UKRAINE

This article is devoted to the issue of the mechanism for realization of human rights in places of detention of the State Border Guard Service of Ukraine. The author establishes that the rights of persons held in places of detention traditionally remain at high risk of violations. The closure of such institutions, limited public access, dependence of prisoners on the administration, lack of an adequate mechanism for monitoring the observance of rights - all this creates an environment where systemic abuses are possible, including inadequate conditions of detention, ill-treatment, and arbitrariness of officials. The author concludes that Ukraine, striving for membership in the European Union, should adapt its national legal system to the highest standards of human rights protection, which involves improving legislation, strengthening control and prevention mechanisms, and empowering human rights institutions such as the Ombudsman, public monitoring commissions, and international organizations. The author provides his own definition of the concept of the mechanism for the realization of human rights, in particular, it is an integral system of legal means, institutional elements and socio- legal factors that ensure the actual implementation of human rights and freedoms in public relations. It includes legal acts, law enforcement procedures, activities of public authorities, international legal guarantees, as well as social and economic conditions necessary for the effective implementation of and protection of human rights. This view is based on a combination of regulatory and protective mechanisms that ensure not only the possibility of exercising rights but also their protection in case of violation. It also takes into account the role of law enforcement entities - both the holders of rights themselves and state and non-state institutions that facilitate their implementation. Currently, there are two types of migrant detention facilities under the jurisdiction of the SBGS: temporary detention centers and special facilities. In addition to these facilities, the places of detention under the control of the SBGS also include minibuses for the transportation of offenders, where persons can be temporarily detained during transportation. Areas for transit passengers at international airports, where persons who are denied entry or awaiting a decision on their legal status may be held. Recommendations are made to improve certain mechanisms for the realization of human rights in places of detention of the SBGS.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-02-14
DOI
https://doi.org/10.5281/zenodo.14870092
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
0.00
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article

CERTAIN ELEMENTS OF THE MECHANISM FOR REALIZATION OF HUMAN RIGHTS IN PLACES OF DETENTION OF THE STATE BORDER SERVICE OF UKRAINE

Zenodo (CERN European Organization for Nuclear Research)
War, Law, and Justice
article

CERTAIN ELEMENTS OF THE MECHANISM FOR REALIZATION OF HUMAN RIGHTS IN PLACES OF DETENTION OF THE STATE BORDER SERVICE OF UKRAINE

article en

Abstract

This article is devoted to the issue of the mechanism for realization of human rights in places of detention of the State Border Guard Service of Ukraine. The author establishes that the rights of persons held in places of detention traditionally remain at high risk of violations. The closure of such institutions, limited public access, dependence of prisoners on the administration, lack of an adequate mechanism for monitoring the observance of rights - all this creates an environment where systemic abuses are possible, including inadequate conditions of detention, ill-treatment, and arbitrariness of officials. The author concludes that Ukraine, striving for membership in the European Union, should adapt its national legal system to the highest standards of human rights protection, which involves improving legislation, strengthening control and prevention mechanisms, and empowering human rights institutions such as the Ombudsman, public monitoring commissions, and international organizations. The author provides his own definition of the concept of the mechanism for the realization of human rights, in particular, it is an integral system of legal means, institutional elements and socio- legal factors that ensure the actual implementation of human rights and freedoms in public relations. It includes legal acts, law enforcement procedures, activities of public authorities, international legal guarantees, as well as social and economic conditions necessary for the effective implementation of and protection of human rights. This view is based on a combination of regulatory and protective mechanisms that ensure not only the possibility of exercising rights but also their protection in case of violation. It also takes into account the role of law enforcement entities - both the holders of rights themselves and state and non-state institutions that facilitate their implementation. Currently, there are two types of migrant detention facilities under the jurisdiction of the SBGS: temporary detention centers and special facilities. In addition to these facilities, the places of detention under the control of the SBGS also include minibuses for the transportation of offenders, where persons can be temporarily detained during transportation. Areas for transit passengers at international airports, where persons who are denied entry or awaiting a decision on their legal status may be held. Recommendations are made to improve certain mechanisms for the realization of human rights in places of detention of the SBGS.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 47%
War, Law, and Justice
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