Pokhyl O. Human and civil right to protect his or her rights: constitutional aspects.

The work examines the constitutional and legal aspects of human and civil right to protect his or her rights. The author reveals its evolution and legal nature, provides a definition. It is proposed to consider the right to protect using instrumental and substantive approaches, which determines its special place in the structure of the constitutional and legal status of human. The legal forms, methods and means of realization of the human right to protect of the rights are characterized. The concept and structural elements of the mechanism of realization of the right to protect of the rights and freedoms are examined in work. Such structural elements are combined into two blocks of forms, methods and means of implementation – normative and institutional. The content of normative and institutional blocks of the mechanism of realization of the right to protect of the rights is revealed. The tendencies of reforming the constitutional legislation, exercising the constitutional control, as well as the current international agreements, which enshrine additional forms, methods and means of protection of human and civil rights, sectoral legislation, are studied. Problematic issues of functioning of the institute of constitutional complaint are singled out. Particular attention is paid to international legal means of human protection of their rights and freedoms. Proposals were made to improve the current legislation to increase the effectiveness of protection.