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
Related Articles
- EP ID EP572519
- DOI 10.31733/2078-3566-2018-6-6-10
- Views 112
- Downloads 0
Moral basis of law in the philosophy of Thomas Aquinas
Addressing to the Thomas Aquinas’s concept of meta-ethics has considerable scientific and practical interest in search the answers to the question of the value dimension of the law in the current Ukrainian state. The pur...
Administrative law enforcement of the right to arms in Ukraine: problems and perspectives
The article deals with legal problems of legalization of short-barreled firearms in Ukraine which reached its culmination during the period of antiterrorist operation. The article describes theoretical and practical prob...
Features of operational-search prevention of smuggling of objects of intellectual property rights
The article deals with the current problems and features of operational-search prevention of the smuggling of objects of intellectual property rights. It is noted that the improvement of the complex of state-legal measur...
Institutional guarantees of rights and freedoms of internally displaced persons in Ukraine: theoretical and legal aspects
The article analyses the institutional guarantees of ensuring the rights and freedoms of internally displaced persons in Ukraine. Thus, the legal protection of the status of internally displaced persons in a modern legal...
Criminalistic characteristics of cruel treatment with animals: concept and essence
In this article, the elements of the criminal characterization of the crime provided for in Art. 299 of the Criminal Code of Ukraine, as an object of criminal procedural cognition. The criminalistic characterization of c...