PROBLEMS OF REALIZING THE RIGHTS AND FREEDOMS OF CERTAIN CATEGORIES OF CITIZENS

Анотація

It is indicated that the realization of rights and freedoms is the practical implementation by citizens and other participants of social life of the demands provided for by the constitutional norms to satisfy requests and needs or obtain the necessary material and spiritual benefits in the manner established by law. Therefore, the mechanism for the realization of rights and freedoms is, first of all, a complex procedural and legal order for the realization of rights, freedoms and obligations, in which the law establishes a certain algorithmic nature of the order of implementation, its procedure: the sequence of actions of the bearer of rights and freedoms and the obliged subjects rights, as well as the content of these actions, the implementation of which is aimed at the most complete and accurate use of the right or freedom.

In the opinion of the authors, since the factors influencing the consolidation of the value guidelines of the constitutional system are usually found at each specific stage of the development of the state, and which certainly affect the content of the principles in general, and the principles of the constitutional system in particular, the above list should be supplemented, at least one is the level of ensuring national security of the state.

Considering the above, according to the authors, it would be quite logical to take advantage of the situation of potential reform of the fundamental principles of the constitutional system. Within the scope of the research, taking into account the issue of violation of the state sovereignty of our country, the modernized Constitution of Ukraine is intended to become a nationwide political and legal treaty and a fundamental law of national law. At the same time, the amended Constitution of Ukraine must ensure the proper implementation of all value guidelines of the constitutional system: people’s sovereignty, human rights, the rule of law in relation to the universal principles of modern constitutionalism - legality, proportionality, legal certainty, responsibility and subsidiarity in the legal provision of rights and freedoms person and citizen, the independence and impartiality of the court, the prohibition of the retroactive effect of the law, etc. (which are now doctrinally considered as components of the principle of the rule of law).