Conclusions: The study highlights cases of failure to fulfill negative obligations of a material nature of the studied right of individuals, among which the following are identified: improper performance by officials of their duties due to inaction (failure to provide medical services, which led to serious consequences); improper performance of official duties by officials of state bodies, as well as unlawful actions of law enforcement agencies of a deliberate nature (physical and psychological violence against persons in custody). An approach is proposed in which adherence to the principle of the supremacy of the law under study, taking into account the practice of the European Court of Human Rights, is the basis for respecting human rights and freedoms.
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Oleksandr M. Shevchuk
Svitlana Davydenko
Iryna V. Borodina
Polski Merkuriusz Lekarski
Yaroslav Mudryi National Law University
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Shevchuk et al. (Sun,) studied this question.
www.synapsesocial.com/papers/69a3d6eaec16d51705d2da89 — DOI: https://doi.org/10.36740/merkur202601109