Balance Between Public Interests and Human Rights in the Context of Applying Pro Rata Principle

Abstract

The purpose of the article is to analyze pro rata principle as universal legal mechanism for ensuring the balance between public interests and human rights, in particular in crisis situations. The conceptual aspects of pro rata principle, its essence, place in the legal system of Ukraine and international law have been studied. Methodology of the research is based on the systematic, comparative and legal, as well as functional approaches that assisted to assess the efficiency of applying pro rata principle while ensuring human rights, as well as to carry out empiric analysis of Ukrainian courts’ decisions and judgements of the European Court of Human Rights. The main conclusions of the research are determination of the role of pro rata principle in legal precedents, in particular in the context of regulating such restrictions of human rights as ensuring security, territorial integrity, state sovereignty and repelling armed aggression. The importance of integrating this principle into the national legal system, taking into account international standards, has been emphasized. The practical significance of the research is to formulate suggestions for improving national legislation and judicial practice in ensuring a fair balance between the interests of the state and human rights.