Deshko L. A constitutional right to appeal to international judicial institutions and international organization: comparative legal research

The thesis looks at the evolution of approaches to the constitutional right to seek protection of the rights and freedoms in the relevant international judicial institutions or in the relevant bodies of international organizations in domestic jurisprudence. It also analyzes the process of formation and development of the idea of human and civil rights, its transformation in the principle of human and citizens' rights in the historic retrospective and its evolution in the European Union and Ukraine. The dissertation focuses at genesis of the idea of the right of everyone to seek protection of the rights and freedoms in the relevant international judicial institutions or in the relevant bodies of international organizations, identifies the major periods of the formation and development of the constitutional right to seek protection of the rights and freedoms in the relevant international judicial institutions or in the relevant bodies of international organizations in the context of the national system of constitutional law. Research methodology of constitutional and legal provision of the law is also formulated given the author's definition of the constitutional right to seek protection of the rights and freedoms in the relevant international judicial institutions or in the relevant bodies of international organizations. The dissertation also reveals the nature, content and place of this right in the system of human and citizen's rights, identifies and characterizes the existing constitutional and legal mechanism for providing it. The dissertation also defines the principles of judicial decision, application of lawfulness and "de minimis non curat praetor", their content and place in the system of principles of constitutional law of Ukraine; criteria of compliance with the obligation of the court to justify their decisions; the concept of significant harm sustained by the applicant for the relevant international judicial institutions; criteria for evaluating its presence or absence.