41424 (Права человека /English/), страница 2

It is clear that an important element of activity of these international bodies concerning the realization of agreements are obligations of the member countries to participate in their activity and to adhere their decisions. That is a feature of the whole process of protection of human rights with the help of international conventional bodies. If in the national legislation there is a law, which is realized due to the activity of courts or state bodies, the international bodies lean exclusively to cooperation of the countries, which take the obligations.

When the country refuses to participate in the convention on protection of these or other rights of the person, it does not take international measures concerning realization of these rights.

The competence of the named committees is largely stopped. It is nessesary to consider the Human Rights Committee work.

According to the Pact the Committee receives and considers reports of member countries on the taken measures for realization of the rights proclaimed in this international document. After consideration of the reports the Committee approves recommendations to the member countries concerning realization of civil and political rights.The Committee can make remarks of general character, which explain the statements of the Pact and help member countries to realize human rights.The Committee also considers complaints of member countries of abuse of these statements by other member country. In this case the Committee grants its service for permission of this argument, and in case of disagreement of the countries nominates a special commission. May be the most important authority of the Committee is its right to assort arguments of persons and international non-state organizations about abuse of human rights by the member country. The Committee receives such right only with the specific agreement of the member countries. The Optional Protocol to the International Pact on Civil and Political Rights of December 16, 1966 was adopted, according to which the member countries of the Pact take an obligation to admit the competence of the Committee to consider arguments of countries. The members of the Pact are 93 countries, and The Optional Protocol was ratified only by 53 countries. Ukraine ratified this document on November 25, 1991. So each person in Ukraine can address the Committee with complaints on abuse of civil and political rights provided in the Pact.

However, there is an important requirement: the Committee considers such complaint only when all national opportunities of legal protection were used. So in Ukraine the person should address for the protection rights to court and only after the decision of the national court, and in case of the appeal after the decisions of supreme judicial instances, it is possible to refer to the Human Rights Committee.

The Committee considers received complaints and offers the countries to give an explanation. After confidential consideration of the case and explanations or applications of the countries the Committee notifies the interested person and country on which complaint was sent on the consequences of discussion.

Till March of 1991 the Committee considered 445 messages of persons concerning 33 countries. In 119 cases the Commitee has published conclusions and has established 93 facts of abuse of human rights. The considered international procedure influences maintenance of civil and political rights. In the connection with participation of Ukraine in the Optional Protocol and availability of difficult cases of abuse of human rights on the territory of our country, where, as it frequently happens, national ways of legal protection are exhausted, there is a good idea to give an address of Human Rights Committee. Other Committees are situated there too. This address should be written in English: The Human Rights Commitee c/o the Centre of Human Rights, United Nations Office 8-14 avenue de la Paix 1211 Geneva 10, Switzerland. In the message it should be indicated, that it is posted according to the Optional Protocol to the International Pact on Civil and Political Rights. There must be the information about the author of the message (surname, name, nationality, profession, date and the birthplace, address). The author should indicate the member country - infriger, which article of the pact was infringed and which national ways of legal protection were used. Then there must be indicated which abuse of human right this letter is and the date. In the end there should be a signature of the author of the message.

By the decision of the General Assembly of UNO it is also provided, that all the members of the Organization should grant reports about realization of civil, political, social and economic rights. These reports are discussed at meetings of the Commission on Human Rights. When the members of the Commission have questions or need new materials they address the appropriate country. The Human Rights Committee uses only materials given by the state.

After the discussion of the report ther Human Rights Committee will promulgate general remarks. And after this influence of UNO on country - infringer of rights is limited. The practice of UNO proves, that this influence is unsufficient. Such countries as Iran, Iraq, Afghanistan, Somali, Ruande, where there are rough infringements of human rights, do not react to the remark of the Committee. Therefore already there is a question of introduction of measures in a UNO gear, 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, ratified the International Pact on Economic, Social and Cultural Rights (three years before the input of the Pact in to action).

But most of the already declarated by Ukraine social and economic rights are not provided. Our country now can't provide citizens with certain life standard.

In 1990-1993 the Supreme Council accepted some laws, which should become the guarantor of social protection of the population: the laws "On the Status and Social Protection of Citizens Damaged as a Consequence of Chernobyl Accident", "On Employment of the Population", "On the Bases of Social Protection of Invalids", "On the State Help to Families with Children" etc. But in practice these laws were not realized.

A characteristic feature of the modern social and economic situation in Ukraine is constant decrease of the level of life of the majority of the population, which is under pressure of inflationary processes and recession of manufacture.

Today mass misery of the population is the factor, which considerably influences the formation of consciousness of people, of their attitude to updating of society. The success and the prospects of reforms in Ukraine depend on whether the existing political parties and movements will manage to ensure social support of reforms. The experience of the last years testifies that conditions for occurrence and constant reproduction of subjects of a market economy are extremely slowly created, and they are deformed by the crisis phenomena in our economy.

The second president of Ukraine - Leonid Kuchma tried to stabilize economic situation, but it seems that he failed. Now Ukrainian economy is a market economy due to reforms of the last three years. It seems to be a great success but it is not a great success because now it's clear that nobody can stop the catastrophic recession of manufacture.

The growth of indiffirence of social layers testifies to formation rather specific relations between authorities and population - relations of parallel existing and non-interference.

Among economic rights of the person the central place takes the right to property. Unfortunately and so far legislation has no norms of equal and reliable protection of the property of all subjects of economic activity. Diffirent norms concerning the property are contradicting each other.