Legal Protection of the Fundamental Rights in the European Union: Problems and Perspectives

Specifics of human rights institution development and formation in the European Union are researched. The problem of the human rights protection and corresponding standards of such rights were analyzed in the scientific works of such scholars as Tabushka S., Nanette N., Allan R., Entin K., Ispolinov А., Belova G., Gaja G. These scientists researched different aspects of evolution and elaboration of human rights protection in the primary and secondary legislation of the European Union, namely role of the Court of European Union in this process, amendment of the founding treaties of the European Union bearing in mind necessity of the human rights protection clauses. At the same time it is worth mentioning that within Ukrainian scholars the problem of European Union human rights standards has not been sufficiently researched, notwithstanding fact that after signing Agreement on Associated Partnership between Ukraine and European Union that very the problem of approximation of Ukrainian legislation in the sphere of human rights towards European Union standards become of paramount importance. That is why the goal of this article to research and suggest some particular suggestions for amendment of the Constitution of Ukraine in the realm of fundamental human rights and freedeoms. Norms of the Charter of the Fundamental Rights of the European Union are analyzed through the prism of Charter understanding as the main legal instrument of human rights protection in
this international organization, as well as perspectives of legal protection enhancing of human rights in this international formation are researched. A special emphasis is being made in relation to the possible accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe. Efforts are being made for analyzing draft legal instruments on the accession of the European Union to the European Convention on Human Rights – Agreement on Accession.