quality of legislation

  • Challenges to the realization of human rights under the pandemic

    Author: Vasyl Kostytsky
    E-mail: v.kostytsky@yahoo.com
    Institution: National Academy of Legal Sciences of Ukraine
    ORCID: https://orcid.org/0000-0003-1692-9810
    Author: Victoria Sydor
    E-mail: victoria.sydor@outlook.com
    Institution: Kyiv Institute of Intellectual Property and Law of the National University „Odessa Law Academy”
    ORCID: https://orcid.org/0000-0002-1794-2577
    Author: Iryna Kostytska
    E-mail: iryna-kostytska@ukr.net
    Institution: Institute of Legislation of the Verkhovna Rada of Ukraine
    ORCID: https://orcid.org/0000-0003-2336-1426.
    Author: Anastasia Sukhodolska
    E-mail: a.suhodols@gmail.com
    Institution: National Aviation University
    ORCID: https://orcid.org/0000-0002-5794-9167
    Year of publication: 2020
    Source: Show
    Pages: 90-104
    DOI Address: https://doi.org/10.15804/rop2020406
    PDF: rop/14/rop1406.pdf

    The article deals with the problematic issues of human and civil rights under pandemic on the example of the practice of combating the spread of respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 civil society in Ukraine in 2020. Account has been taken of the fact that the human, his life and health are the highest social value, and that human rights and freedoms determine the content and orientation of State activities. Since every State functioned for the human, in order to protect universally recognized rights and freedoms, it was a feature of a modern democratic State governed by the rule of law. At the same time, in legal science in recent years there has been a debate about the problems of human and civil rights against the background of widespread abuse of rights, individual selfishness, conflict of rights of one person and group of people, human and society. That is to say, in the order of the day came an all-civilizational discussion about the appointment of the State, the idea of humanocentrism and sociocentrism as the fundamental foundation and expediency of the State. The problem is posed by the global challenges faced by present-day civilization: climate protection and freshwater, poverty and corruption, terrorism and military conflicts, massive ethnic displacement and pandemics. In one way or another these problems are present on all continents today, both for the world community and for each State in particular, but there is no well-established mechanism for dealing with them. With regard to combating the spread of coronavirus, it is clear that the problem is a global one in the field of medical law, and that it must be addressed both at the level of the novelization of legislation and at the level of philosophy and sociology of law, ‘cause that’s the kind of system-wide results you can use in complex under the state-creative practice today.

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