JUDICIAL PROTECTION OF HUMAN RIGHTS IN THE FIELD OF NATIONAL SECURITY AS A COMPREHENSIVE POLITICAL AND LEGAL INSTITUTE

Abstract

The article performs a systematic analysis of regulations in the field of judicial protection of human rights to ensure national security. In view of the above, it can be concluded that judicial protection of human rights in the field of national security has the character of a complex political and legal institution, which combines the features of a political and legal institution. Based on the study, we propose to understand the national security system of Ukraine as a holistic political, legal mechanism with its own constituent elements, which together are aimed at solving national problems, protecting vital interests of the individual, state and society in the manner and measures prescribed by law. The novelty of the study is characterized by the fact that the study of judicial protection of human rights in the field of national security was carried out on the basis of examples of ECtHR practice on protection of individual rights and possible restriction of his rights in the interests of national security. The article argues that activities to ensure human rights and national security are twofold: ensuring human rights ensures state security – ensuring state security ensures human rights. A study of the ECtHR’s case-law on the protection of the right to respect for one’s private and family life, one’s home and one’s correspondence revealed the following key points: in order to determine whether a particular violation of Article 8 was “necessary in a democratic society”, the Court Member State with the right of the applicant; in determining whether the contested measures were “necessary in a democratic society”, the Court will take into account whether the evidence adduced in support of them was relevant and sufficient in the light of the case as a whole and the measures themselves proportionate to the legitimate aims pursued; any interference of a state body in the exercise of a person’s right to respect for private life and correspondence must be provided for by law, etc. These provisions indicate a combination of political and legal instruments in the system of protection of individual rights in the field of national security.