Almanac of law. Issue 17 (2026), pages 111–117.
DOI: 10.33663/2524-017X-2026-17-111-117
Lutskiy R. P.
Methodological bases for the implementation of law in law enforcement activities (theoretical and legal aspects)
The article provides a comprehensive theoretical and legal study of the mechanism of human rights protection through the prism of methodological foundations of law enforcement. The relevance of the chosen topic is determined by the current transformation processes in Ukraine, the reform of the law enforcement system, and the need to ensure the real, rather than declarative, exercise of constitutional rights and freedoms of individuals and citizens. In the context of establishing the principle of the rule of law, it is particularly important to understand the structural, functional, and normative components of the human rights protection mechanism as a guaranteeing element of the entire legal system.
The paper argues that the concept of “human rights protection mechanism” is broader than the category of «rights protection» itself, as it covers not only responses to violations of subjective rights, but also a system of preventive, regulatory, and remedial measures. The mechanism of human rights protection is proposed to be understood as the activities of authorized bodies and organizations regulated by law, as well as a set of legal means and social conditions that ensure the procedure for protecting and restoring the rights and freedoms of individuals and citizens. This approach allows us to consider the mechanism as a complex, multifaceted, and at the same time holistic phenomenon of legal reality, which occupies a special place in the system of legal regulation.
The article provides a structural analysis of the mechanism of human rights protection and identifies its main components: normative (legal), institutional (organizational), and functional. The normative component is characterized as a system of legal norms and principles that regulate social relations in the field of human rights and freedoms protection. It is noted that legislation in this area is conditionally divided into two groups: normative legal acts that define the principles of human rights protection activities, and acts that establish the system of human rights protection bodies and define their legal status. It is emphasized that it is the normative component that forms the foundation of the entire mechanism, as it defines the limits of the competence of protection entities, the procedural forms of exercising rights, and the guarantees for their restoration.
The institutional element of the mechanism is considered as a system of human rights protection entities, in particular, state authorities, courts, law enforcement agencies, the bar, and other institutions and organizations that professionally protect the rights and freedoms of individuals. It is argued that the effectiveness of the mechanism directly depends on the proper organization of the activities of these actors, the clear delineation of their powers, and the coordination of their interaction.
The functional component of the mechanism is defined as direct human rights activities, implemented in the form of providing legal assistance, resolving disputes, preventing abuse of rights, protecting individuals from unfounded accusations, and restoring violated rights. It is emphasized that it is the functional aspect that reflects the dynamics of the implementation of the law, demonstrating the transition from normative prescriptions to specific legal actions and decisions.
The study draws attention to current problems in the functioning of the mechanism for protecting human rights and freedoms in Ukraine. It notes the vagueness and fragmentation of legal regulation, the imperfection of certain procedures, and the lack of consistency between the regulatory framework and law enforcement practice. It is noted that some of the previously existing legal mechanisms have lost their effectiveness in the process of institutional change, while the new ones have not yet acquired systematicity and stability. Under such conditions, there is a risk of a gap between the constitutionally enshrined legal status of a person and its actual enforcement.
It has been substantiated that improving the mechanism of human rights protection is a strategic task of the state and requires a comprehensive approach that combines updating the regulatory framework, enhancing the institutional capacity of protection entities, and establishing clear methodological principles for the implementation of rights in law enforcement activities. It is precisely the methodological certainty of law enforcement — a focus on the principles of legality, proportionality, fairness, and the priority of human rights — that can ensure the effectiveness of the protection mechanism.
It was concluded that only through the harmonious interaction of the regulatory, institutional, and functional components of the human rights protection mechanism is it possible to ensure the real implementation of constitutional guarantees, strengthen public confidence in law enforcement agencies, and establish the principle of the rule of law as the foundation of a modern constitutional state.
Keywords: human rights protection mechanism, enforcement of rights, law enforcement, protection of human rights and freedoms, legal protection, human rights protection mechanism, regulatory component, institutional component, functional component, law enforcement, rule of law, human rights guarantees, constitutional state, legal remedies.
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Дата першого надходження рукопису до видання: 27.02.2026
Дата прийнятого до друку рукопису після рецензування: 09.04.2026
Дата публікації: 30.04.2026