The thesis is the first in the national legal science comprehensive study of international legal acts regulating the issues of observance of human rights and freedoms at the universal and regional levels, as well as establishing the role of the national court in overcoming the conflict between universal and regional norms in the field of human rights.
The author analyzed the international legal acts America, Europe, Africa, the Middle East and partly Southeast Asia. In particular, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Charter of Fundamental Rights of the European Union of 2000, the American Declaration of Human Rights and Duties of 1948, the American Convention on Human Rights 1969, the African Charter on Human Rights and the peoples of 1981, the Universal Islamic Declaration of Human Rights of 1980, the Arab Charter for Human Rights in 2004. The different development of human rights in the regions is due to the fact that the world community perceives the essence of human rights and freedoms in different ways, and the guarantee of the protection of some of them sometimes goes against the customs, rules of conduct, religions, historical and political peculiarities of the regions, which have a priority for people. The Inter-American system for the protection of human rights demonstrates the close connection between duty and human rights. The African system for the protection of human rights covers not only human rights, but also the rights of peoples (the "third generation" of human rights). For countries that practice Muslim traditions, the interpretation of human rights is based on religious documents - the Quran and Sunnah. The protection of human rights at the level of the states of Southeast Asia is based on the model of human rights protection, which reflects the peculiarities of the entire community of states in the region with a national dimension. The European regional system for the protection of human rights develops in the spirit of universal human rights instruments. The 1950 Convention on the Protection of Human Rights and Fundamental Freedoms adapts the universal minimum human rights to the specifics of European standards in this area.
The unequal experience of countries in establishing the standards of human rights and freedoms is confirmed by the lack of a common opinion on their substance, but at the same time testifies to the pluralistic picture of the development of the world.
The thesis analyzed the practice of the European Court of Human Rights and established that due to it the international law as a "living law".
The author perfected the thesis that The collisions between universal and regional human rights standards can be overcome by observing the rule of law and the following constituents: legality, legal certainty, integrity and the right to a fair trial.
The possibility of interpreting international legal norms by the national court is determined due to observance of the judge's own intellectual independence.
It is proposed to supplement Article 16 of the Law of Ukraine "On International Agreements" with Part 3 in the following wording: "The Court is the body that provides the harmonization the international treaties of Ukraine".
In addition, the author proposes to amend and supplement the Law of Ukraine "On the Judiciary and Status of Judges" of 2016, Civil Procedural Code of Ukraine of 2004, Commercial Procedural Code of Ukraine of 1991, Code of Administrative Justice of 2005.
The author proposed the definition of such definitions: "mutually ungarmonized rules of law", "intellectual independence of a judge ".
