Current constitutional and legal regulation of the right to freedom of movement in Ukraine and European countries
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 4, Issue 4
Abstract
The article examines the legal content of the provisions of Art. 33 of the Constitution of Ukraine and carried out a comparative legal analysis with similar norms of constitutions of the states of continental Europe, which enshrined the right to freedom of movement. The necessity of presenting this norm with due account of European experience is substantiated. Despite the legislative consolidation of the definition of freedom to movement, on the doctrinal level, the concept of "the right to freedom of movement" did not find its single understanding. The comparative and legal analysis of provisions of constitutional norms of Ukraine and the countries of continental Europe has provided the grounds for the conclusion to amend to Art. 33 of the Constitution of Ukraine, taking into account the European experience regarding the constitutional and legal regulation of the right to freedom of movement. Taking into account the fact that international human rights instruments and the majority of European states in the texts of their constitutions formulated the provision on freedom of movement as a right, the authors have proposed in Part 1 of Art. 33 of the Constitution of Ukraine, instead of the phrase "freedom of movement", to consolidate the phrase "the right to freedom of movement", which, in our opinion, will more accurately and accurately characterize the legal nature of the phenomenon under investigation
Authors and Affiliations
Yu. V. Kirichenko, S. O. Gnatenko
Keywords
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- EP ID EP572519
- DOI 10.31733/2078-3566-2018-6-6-10
- Views 110
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