POSITIVE OBLIGATIONS OF THE STATE TO PROTECT HUMAN RIGHTS AND THEIR IMPLEMENTATION IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

Abstract

The article is devoted to a comprehensive theoretical and legal study of the positive obligations of the state to protect human rights and the specific features of their implementation in the activities of the National Police of Ukraine. The paper reveals the legal nature of positive state obligations as a key element of the modern system of international and national legal protection of human rights. It is determined that positive obligations consist in the necessity of active measures by state authorities aimed at preventing human rights violations, ensuring their effective protection, investigation, and restoration, as well as creating appropriate normative, organizational, and procedural mechanisms for their implementation.
The international legal foundations of positive obligations, formed by universal and regional human rights treaties and the practice of international judicial institutions, are analyzed. Particular attention is paid to the principle of due diligence as a universal standard for assessing the effectiveness of state actions in the field of human rights protection. It is established that the constitutional model of Ukraine, based on the priority of human rights and freedoms, forms the normative foundation for the implementation of positive obligations and determines the orientation of the activities of all public authorities.
It is substantiated that the National Police of Ukraine is one of the central actors in fulfilling the state’s positive obligations, since its functions are directly related to ensuring personal security, preventing offenses, responding to threats to human rights, and conducting effective investigations. The institutional mechanisms for implementing these obligations, the role of judicial oversight, and the importance of supervisory procedures in ensuring the legality of law enforcement activities are examined.
Problems of practical implementation of positive obligations are identified, including legislative inconsistencies, institutional difficulties in the functioning of the law enforcement system, insufficient professional training of police officers, and the risks of formal compliance with international standards. It is demonstrated that overcoming these problems is possible through harmonization of legislation with international human rights standards, strengthening control mechanisms, developing professional ethics, and applying positive international experience.