Medvid A. Human rights to life, liberty and a fair trial under the European convention 1950 and the Constitution of Ukraine: problems of regulation and interpretation

The thesis is concerned the scientific-theoretical, legal and practical problems of regulation and interpretation of human rights to life, to liberty and security and to fair trial under the European Convention 1950 and the Constitution of Ukraine. The historical and legal preconditions of signing and legal content of the European convention 1950 and also all additional protocols to her, are analysed. The provisions of additional Protocol № 15 to the Convention are analyzed in detail and suggestions are made for understanding the “principle of subsidiarity” in the context of provisions of the Convention and improving certain provisions of this Protocol. The provisions of additional Protocol № 16 to the Convention are analyzed in detail and proposals are made on the optimal application of its provisions to Ukraine. The historical sources and features of the genesis of the national constitutional regulation of human rights to life, liberty and fair trial in the domestic constitutional acts and their drafts during the Cossack era, in the days of national revival (second half of the XIX century and the first decade of the XX century), in the period of state revival of Ukraine (1917-1920), including unofficial constitutional projects of 1919-1939, and during the period of Soviet Ukraine (1919-1991). The specifics of regulation and established practice of official interpretation of the ECtHR and CCU of Articles 2, 3, 4 of the Convention and Articles 27, 28, 43 of the Constitution of Ukraine on the human right to life (including prohibition of death penalty), prohibition of torture, prohibition of slavery and forced labor are analyzed. Recommendations for improving the regulation of these rights and prohibitions in the Constitution of Ukraine have been formulated.