| Article title | The Human Right to Peace: Issues of Legal Provision and Protection |
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| Authors |
SERHII SUNIEHIN
Candidate of Law, Senior Researcher, Senior Researcher, Department of Theory of State and Law, V. M. Koretsky Institute of State and Law, NAS of Ukraine (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-4304-708X ssunegin@ukr.net
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 4 / 2025 |
| Pages | 91 - 103 |
| Annotation | The development of world law order and legal systems in today’s conditions is associated with the need to resolve a number of issues generated by globalization, technological progress, environmental challenges, conflict of social values, as well as rethinking traditional legal and other socio-normative paradigms. In this regard, the need to develop a unified approach to understanding the essence and nature of the human right to peace, as well as perspective directions for its legal support and protection, becomes particularly important. The purpose of the article is to determine the nature of the human right to peace, the problems of its legal enforcement and protection at the current stage of human development, as well as the prospects for their solution in the future. It has been established that the right to peace has undergone a significant stage of substantive and functional evolution in international law, as a result of which it began to be considered as an individual right of every person, which has a universal character and must be protected at the international and national levels, and the concept of “peace” as an object of this right has essentially acquired the quality of a fundamental principle for the implementation by a person of the entire system of rights and freedoms guaranteed to him. It has been found that the right to peace has a special mechanism for its implementation, which is manifested in large-scale and structured actions, primarily of subjects of international law, a special place among which is occupied by states that ensure the protection of this right both in international relations and within their national jurisdictions. The author concludes that the main problems of legal protection of the right to peace in the context of the modern crisis of the world law order are the lack of unified and effective international mechanisms for protecting states from military conflicts and their negative consequences; global crises of modernity (for example, migration crises, natural disasters, economic crises, terrorism, etc.), which create new threats to the peaceful coexistence of both states among themselves and citizens within the societies; social injustice and numerous facts of human rights violations, which contribute to the spread of citizens’ distrust of government institutions, and therefore, to the growth of instability and aggressive manifestations of resolving controversial or conflict situations. In the absence of effective mechanisms for ensuring and protecting the right to peace, it is impossible to achieve an adequate state of law and order both at the international and domestic levels. It is peace that serves as the basis for achieving public consensus and social consolidation, ensuring high-quality implementation of legal norms and protection of human rights, developing legal institutions in all areas of public and private law, strengthening the democratic principles of organizing public power in the state, economic development and its social orientation. |
| Keywords | the right to peace, human rights and freedoms, international law, ensuring the human right to peace, law and order, violence, peacebuilding |
| References | Bibliography Journal articles 1. Bielov D, Sukhan I, ‘Pravo na myr: suchasni pidkhody do pravorozuminnia’ [2023] 5 Analitychno-porivnialne pravoznavstvo 687–691 https://doi.org/10.24144/27886018.2023.05.122 (in Ukrainian). 2. Boichenko N, ‘Filosofske rozuminnia pryrody nasylstva’ [2017] 12 Antropolohichni vymiry filosofskykh doslidzhen 23 https://doi.org/10.15802/ampr.v0i12.119076 (in Ukrainian). 3. Kalnytska K, Shakun N, ‘Nasylstvo yak sotsialnyi fenomen: sotsialno-psykholohichni prychyny ta etyko-moralni zasady protydii’ [2017] 6(20) Problemy politychnoi psykholohii 25 (in Ukrainian). 4. Kliuieva Ye, Soloviova Yu, ‘Myr yak pravo: osoblyvosti vyznachennia ta zabezpechennia’ [2023] 1(13) Dictum Factum 204–210 (in Ukrainian). 5. Mima I, Ivaniuk N, ‘Porivnialno-pravovyi analiz vzaiemozv’iazku natsionalnoho i mizhnarodnoho prava v umovakh intehratsiinykh protsesiv’ [2020] 4 Juris Europensis Scientia 184 https://doi.org/10.32837/chern.v0i4.153 (in Ukrainian). 6. Panina I, ‘Doslidzhennia myru: osnovni teoretychni perspektyvy’ [2022] 1 Politychne zhyttia 104 https://doi.org/10.31558/2519-2949.2022.1.11 (in Ukrainian). 7. Romtsiv O, ‘Pravo na myr: osnovni problemy realizatsii’ [2024] 86(1) Naukovyi visnyk Uzhhorodskoho natsionalnoho universytetu. Seriia: Pravo 267–268 https://doi. org/10.24144/2307-3322.2024.86.1.39 (in Ukrainian).
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