Social and Legal Studios

Abstract

The article attempts to join the analysis of the main current trends of the ECtHR law enforcement practice in the field of lawfulness of the state interference in human rights. To maximize the representativeness of intelligence, litigation is based on various patrimonial objects of encroachment: in the field of property rights, suffrage and personal freedom and inviolability of the individual. The discription of cases with partial satisfaction of the applicant’s claims is intended to highlight those claims which the Court has found to be inappropriate and, consequently, to the right undisturbed. Therefore, we can conclude that the inherently arbitrary treatment by the state and its organs undergo human freedom in its physical (e.g., person) and spiritual (eg. freedom of thought) dimensions. The rules, declaring and proclaiming these rights as enshrined in the Constitution of Ukraine (article 29, 30, 34, 35), and in the articles of international instruments, including the Convention for the protection of human rights and fundamental freedoms (articles 5, 9-11). Thus, it is important in the context of our theme to conclude that one of the patterns of the state intervention in human rights is interference in the sphere of personal rights – the rights of each, often referred to as civil, not directly connected with belonging to nationality of the state, not derived from it, and is innate and innate to every human being regardless of nationality. In our opinion, this phenomenon forms the concept of "regularity of the legitimacy of state intervention in the rights of man"

Keywords: human rights and freedoms, subjective law, personal freedom, the state, state interference in human rights

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