PROTECTION OF HUMAN RIGHTS AS THE MAIN TASK OF JUSTICE

Abstract

The article considers the essence and tasks of justice. It is indicated that the recognition, effective implementation and judicial protection of human rights and freedoms are a condition for the existence of a rule of law state in Ukraine. It is noted that only with the adoption of the Declaration of State Sovereignty of Ukraine for the first time at the regulatory level enshrined the independence of courts from the legislative and executive branches. In Soviet times, courts were not separated from law enforcement. It is noted that the task of the courts in this period was primarily the protection of the socialist state system, state property and punishment of violators of the law. It has been established that the activities of the courts in accordance with the provisions of the Constitution of Ukraine provide, first of all, justice. Justice is proposed to be understood as the implementation by the courts of administrative, economic and civil cases of procedural activities to resolve legal disputes, which is aimed at protecting the rights, freedoms or interests of individuals, the rights and interests of legal entities, and establishing the rule of law. Among the functions of the courts, the issues of the validity of a criminal charge of a person, the exercise of judicial control, the provision of indisputable rights, confirmation of the presence or absence of legal facts, and the unification of judicial practice are singled out. It is noted that justice in the context of building a legal state in Ukraine provides that the courts in their procedural activities will be guided by the requirements of justice, the need to ensure effective protection of violated human rights and freedoms. It is noted that justice in the conditions of building a legal state in Ukraine provides that the courts in their procedural activities will be guided by the needs to ensure effective protection of violated human rights and freedoms. Justice is defined as the humanistic rather than the formal application of the rule of law by the courts. Justice is not identical with the exercise of judicial power. The judicial power includes not only the courts, but also state bodies created for organizational, personnel, material, technical, information and other support for the procedural activities of the courts.