INDIVIDUALIST FORMS OF DEFENCE OF RIGHTS AND FREEDOMS OF MAN BY CONSTITUTIONAL COURT OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
In the article it was suggested the possibility of the person whose constitutional rights or freedoms have been violated to implement or protect their constitutional rights in two main ways: a representative form (constitutional appeal) and individualistic form (the constitutional appeal, the constitutional complaint). The study notes that, on the individualistic form that is presented by the Institute of the constitutional appeal and the Institute of constitutional complaint. The author to determine the specified form comes from the content of the subjective right to a direct appeal to the constitutional Court of Ukraine, the purpose of which is the realization or protection of their constitutional rights and freedoms, which are guaranteed by the provisions of the Basic Law of Ukraine. Analyzing the practical aspects of scientific work and scientists can be noted that it is an individualistic approach with a priority on the Institute of constitutional complaint gives the real possibility to protect the rights and freedoms of man and citizen, contributes to overcoming legal nihilism in society and the real possibility of withdrawal, ambiguous or contradictory legal acts. It will be important not only to improve protection of human rights, but also for promoting of the democratic society in Ukraine. The study of this topic is not only relevant, but is of scientific interest from the standpoint of approach, individualistic form of protection of the rights and freedoms of man and citizen, the Constitutional Court of Ukraine.
Authors and Affiliations
М. А. Бабак, Р. М. Максакова
Keywords
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