Vasylchenko O. The principle of equality of rights and freedoms of man and citizen in constitutional law of Ukraine: doctrinal and practical aspects.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000914

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

25-11-2015

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

In this paper, we present theoretical generalization and provide new insights into scientific problem solving - an interpretation of the essence and the features of the principle of equality of rights and freedoms of man and citizen in Ukraine, that formed the basis of the establishment of an appropriate conception, as well as the proposals and recommendations for the improvement of constitutional and legal entrenchment, and the practice of implementation of the guiding aspects of the principle of legal equality in Ukraine. Theoretical and methodological grounds for the problems of equality of rights and freedoms of man and citizen have been indicated; the attention has been paid to the need to research the principle of equality of rights and freedoms of man and citizen, using a contemporary methodology, that would take into account the current state of its constitutional and legal entrenchment, as well as the practice of its realization in Ukraine, and also the conformity of regulation of the principle of equality in our country to the standards established by the international community. The evolution of conception of legal equality throughout the history of civilization has been analyzed; its correlation with the fundamental postulates of freedom and justice in the history of scientific thought and in the contemporary constitutional law has been considered. Based on the analysis of the norms of the Constitution of Ukraine, it has been concluded that the core of the content of the constitutionally enshrined principle of equality is presented by its elements such as equal rights and equality before the law. It is emphasized that the requirements for equal rights and equal legal protection have the fundamental essence for democratic and lawful state because they form the necessary formal basis for people's existence in society, and their factual equality. The characteristic feature of the principles of constitutional right of Ukraine is that these principles are general social orientations of constitutional and legal regulation; the principles define the essence and the content, the direction and the forms of the constitutional and legal regulation.

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