Osynska O. Restriction of Human Rights and Freedoms: theoretical and applied aspects

The present dissertation addresses theoretical and applied aspects of the institution of human rights and freedoms restriction. Doctrinal approaches to the concept and phenomenon of human rights and freedoms restriction are considered. On this basis societal needs of present-day Ukraine are uncovered. In view of research into modern theories and analysis of scientific achievements of Ukraine, the definition of human rights and freedoms restriction is proposed in order to understand the role of legal restriction as an effective means, which can ensure protecting and exercising of human rights and freedoms. Preconditions for establishing of human rights and freedoms restriction are analyzed and guidelines for legislators' activities concerning restriction of human rights and freedoms are determined. Principles for establishing of human rights and freedoms restriction that should serve as a ground for the state activities in this direction are studied. This system of principles is considered as a significant factor, which impacts the democratization level of the Ukrainian society and personal freedom. The state and problems of establishing of legal restrictions under the conditions of transitional development of Ukraine are elucidated and the legislation of Ukraine is analyzed. The issues of society and power interaction are addressed. Some author's proposals on creating favorable conditions for entrepreneurship development in Ukraine are advanced.