Pushkina O. Constitutional mechanism of maintenance of human rights in Ukraine: theoretical and practical problems.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0508U000458

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

26-06-2008

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the complex analysis of the constitutional mechanism of maintenance of the human rights and freedoms. On the base of the Constitution of Ukraine the author analyses the concept of maintenance of the human rights in Ukraine, and its fundamental role as a basic category of a modern science of the constitutional law. The author proves the existence of universal theoretical and methodological bases which allow to consider the constitutional mechanism of maintenance of the human rights and freedoms one of the fundamental demands of modern constitutional state. The special accent is made on research of questions of constitutional bases of maintenance of the human rights and freedoms in Ukraine, that should not be limited with an analysis of the state actions directed on maintenance of the certain human rights, and assumes a much wider horizon of the analysis of this problematics in a context of the constitutional development of state authorities in Ukraine. The special attention is given to research of strategic directions of legal maintenance of the human rights in the light of realization of norms of the Constitution of Ukraine and realization of legal politics of the state, reforming of bodies of state authority, which execute these functions, to questions of reforming the system of the legislation from positions of its adaptation to the norms of European and international law in sphere of human rights. The dissertation offers the model of constitutional mechanism of maintenance of the human rights and freedoms in Ukraine, which characterize the Ukrainian state as the democratic, social state of law. On the basis of researches in the field of the constitutional law, it is proved the necessity to use the system approach during legislative activity directed on creation the legal guarantees of maintenance and protection of all human rights and freedoms, which are set by the Constitution of Ukraine.

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