Stavychnyi P. Constitutional and legal regulation of civil rights: a comparative and analytical study

The dissertation is devoted to the study of constitutional and legal regulation of civil rights. The formation of the system of civil rights as the main institution of constitutional law is one of the main places in the system of constitutional law and modern constitutionalism since such rights have a crucial impact on the existence of each individual and society as a whole. The author identifies the properties of such an institution of constitutional law as civil rights. The author determines what exactly should be taken into account and what principle should be followed when forming the system of civil rights. The author describes each of the aspects inherent in the composition and structure of the civil rights system as components in the context of the formation of such a system. The author identifies the rights which are included in this category when forming a civil rights system. The author makes a fragmentary overview of civil rights with due regard for the features which make it possible to include them in the system of civil rights when it is formed as one of the main institutions of constitutional law. It is proved that with the advent of the first universal document - the Universal Declaration of Human Rights, and subsequently - the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, there was a need for a detailed study of civil rights, as it became an object of international law. It is argued that the Universal Declaration of Human Rights enshrines the monopoly position of human rights and freedoms in public legal relations, explaining them as an inherent property of the individual, while minimising the role of the State in determining the status of a person. At the same time, the International Covenant on Civil and Political Rights played a special role in the legal regulation of the issue of ensuring civil rights. It contributed to the legal internationalisation of the sphere of civil rights, as it expands the relations between subjects of international and national law on issues of fundamental and inalienable rights, and strengthens the foundations of their international and national development. It is emphasised that civil rights in constitutional and legal relations play a leading role, and to clarify this role it is necessary to study the structural elements of legal relations in the context of which civil rights will be considered in the future. The author also indicates what exactly should be attributed to the elements in terms of which the value of rights in constitutional and legal relations will be monitored. The author distinguishes a detailed type of constitutional and legal relations relating to human rights – constitutional and legal relations related to the implementation and enforcement of civil rights. The author identifies what constitutes a social property of the constitutional and legal regulation of civil rights in the process of studying their special significance, and also suggests the categories which should be taken into account when determining the special significance with regard to the constitutional and legal regulation of this group of rights. The author emphasises that international legal instruments which enshrine civil rights and, if necessary, specify certain conditions and means aimed at ensuring the protection of such rights, including with due regard for international institutions, constitute the relevant regional systems of human rights protection. It is established that such documents together, when studied in the context of regional systems of human rights protection, without taking into account international institutions as a constituent element, will constitute certain systems of legal regulation of civil rights.