Sliusar K. Scientific conception of generations of human rights and mechanism of their realization in modern Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U005495

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

27-06-2012

Specialized Academic Board

Д 26.139.01

Essay

The complex description of the essence of scientific conception of generations of human rights and peculiarities of mechanism of their realization in modern Ukraine has been carried out in the dissertation research. The author has been conducted the analysis and systematization of scientific sources, developed to the problem of generations of human rights, basic approaches to their study have been exposed. The meaning of scientific conception of generations of human rights has been displayed; and it has been marked that it cannot be admitted as universal since western ideas about human rights do not coincide with the concept that was formed in eastern countries. Methodology of generations of human rights comes as a component part of philosophical anthropology, the major task of which is to research the nature of a human that plays the role of a source of inseparable human rights and freedoms. The process of assignment of human rights of different generations in the countries of English-American and Roman-Germanic legal families, as well as specific of assignment of generations of human rights in Moslem and Judaic law, has been reflected. Separately, the consideration to the description of basic international acts that consolidate human rights of different generations has been given. The author marks that in our days the considerable disparity between norms that consolidate human rights and realities of their realization exists in Ukraine. One should consider the totality of legal facilities that assist the embodiment of generations of human rights the mechanism of realization of generations of human rights. One should distinguish such elements as substantial elements of mechanism of realization of generations of human rights: human rights that are envisaged in a normatively-legal act; jural facts; legitimate behavior during realization of the equitable right in legal relationship. The militia of Ukraine occupies the special place in the field of realization of generations of human rights. Carrying out law-enforcement activity, militia provides realization of human rights of all four generations. The role of militia and its workers in providing the realization of generations of human rights is determined by normative-legal acts that determine limits of their legal activity usage.

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