THE ROLE OF LEGAL CONSCIOUSNESS IN THE OPERATION OF THE INTERNATIONAL HUMAN RIGHTS PROTECTION MECHANISM

Abstract

The article examines the practical aspects of one of the fundamental legal categories–legal consciousness–in the context of the functioning of the international mechanism for the protection of human rights. The publication provides a detailed analysis of contemporary approaches to understanding legal consciousness, in particular its content and structure. The integrative nature of legal consciousness is revealed, as well as the significance of its emotional and intellectual components in the process of legal implementation. The study substantiates the specific features of the influence of legal consciousness on the formation of legal behavior models among citizens and their conscious intention to protect their own rights and legitimate interests. The modern understanding of the mechanism for the protection of human and civil rights is examined; the peculiarities of national and international human rights protection mechanisms are identified, and the normative and institutional components of the latter are substantiated. The content of the European human rights protection system and Ukraine’s place in its functioning are disclosed. Practical examples of the direct impact of citizens’ legal consciousness on the functioning of the European Court of Human Rights and on the legal reality of Ukraine are provided. A brief review of the ECtHR case law is conducted in the context of the role of legal consciousness of citizens who made a deliberate decision to defend their rights. Special attention is paid to systemic problems of Ukraine’s human rights protection system and the role of legal consciousness of both citizens and public authorities in its improvement. The article presents the results of the author’s own sociological study aimed at identifying the level of public awareness regarding the functioning of human rights protection mechanisms. The study identifies the problem of insufficient legal knowledge among citizens, which hinders the effective use of available, including international, remedies for the protection of rights. Conclusions are drawn regarding the significant role of legal consciousness in the functioning of the international human rights protection mechanism and in the implementation of ECtHR judgments. The practical significance of legal consciousness as a real means of influencing the legal reality of the state is emphasized. The importance of developing legal education in Ukraine, as well as increasing the level of legal consciousness of both ordinary citizens and representatives of public authorities, is highlighted.