Motkova O. Direct effect of norms of Constitution of Ukraine in the fields of implementation and protection of human rights: issues of theory and practice

The object of the study is the public relations that arise in the sphere of application of the norms of the Constitution of Ukraine, as norms of direct action, with the purpose of realization and protection of human rights. The subject of the study is the direct effect of the norms of the Constitution of Ukraine in the spheres of implementation and protection of human rights. For the first time: 1) individual elements of the mechanism for the realization of human rights and the mechanism of protection of human rights in their dynamic development were established, which made it possible to conclude that the exercise of the right takes place when the subject of the law independently takes actions aimed at ensuring the subjective interests as a result, and the exercise of his right is referred to in the case of the need to commit certain legal actions and other obliged entities; 2) the correlation of the concepts of direct effect of the norms of the Constitution of Ukraine with the analogy of law and analogy of law was revealed, which made it possible to conclude that the realization of the legal property of the direct effect of the norms of the Constitution of Ukraine does not aim solely to overcome the gaps in the sectoral legislation of Ukraine; guarantees the direct implementation of such norms in observance, fulfillment, use and application by the subjects of the relevant legal relations; implemented unconditionally and does not require certain conditions; 3) the necessity of understanding the direct effect of the norms of the Constitution of Ukraine in substantive and procedural aspects has been proved; 4) conceptual features of formation of the mechanism of implementation and application of the provisions of the Constitution of Ukraine as norms of direct action have been developed and substantiated; The thesis about the similarity of the mechanism of direct application of the norms of the Constitution of Ukraine by national courts and the Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights is substantiated. Improved: - conceptual and categorical apparatus, characteristic for the sphere of constitutional and legal regulation of application of the provisions of the Constitution of Ukraine, as the norms of direct action: "mechanism for the realization of human rights", "mechanism for the protection of human rights", "effect of the norms of the Constitution of Ukraine", "direct effect of norms Of the Constitution of Ukraine ", which will ensure the formation of a proper unified interpretation of these categories and will affect the effectiveness of the mechanism of implementation and application of the provisions of the Constitution of Ukraine as norms of direct effect; - scientific provisions on the forms of implementation of direct effect of the norms of the Constitution of Ukraine in the sphere of realization and protection of human rights; - substantiation of objective and practical possibility of implementation and application of the provisions of the Basic Law as norms of direct action; have acquired further development: - scientific views on general philosophical and political-legal concepts of human rights in connection with scientific studies of the problems of the constitutional-legal mechanism of realization and protection of human rights and general theoretical provisions on the development of concepts and theories in the sphere of the constitutional norms in time, in circles of persons and space; - scientific provisions regarding the application of the provisions of the Basic Law by the Constitutional Court of Ukraine directly in their activity through their literal and expansive interpretation; - proposals on the formation of a mechanism for the implementation and protection of human rights based on the direct effect of the norms of the Constitution of Ukraine, taking into account the legal positions of the European Court of Human Rights.