Pylypchuk N. The constitutional right to rest of citizens of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102717

Applicant for

Specialization

  • 081 - Право. Право

23-11-2021

Specialized Academic Board

ДФ 26.236.019

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation is devoted to the complex and thorough analysis of the problems of the constitutional right of a person and a citizen to rest in Ukraine. The methodological bases and degree of scientific development of doctrinal researches of the constitutional right of a person and a citizen to rest in Ukraine are clarified in the work. It is substantiated that the methods characteristic for researches of constitutional and legal regulation of rest time are the following: 1) dialectical method; 2) historical and legal method; 3) system-structural method; 4) logical-semantic method; 5) comparative legal method; 6) structural and functional method. The concept, essence and features of the constitutional right of a person and a citizen to rest are revealed. It is established that the status of "constitutional" right acquires from the moment of its reflection at the level of constitutional law the highest legal force, which gives them a special status, significance and legal protection. It is concluded that the constitutional rights of man and citizen are the most significant opportunities of man and citizen, established and guaranteed in the normative legal act of the highest legal force (Constitution), which have special legal protection and are aimed at meeting the most important needs and interests of man and citizen. Such rights include the constitutional human right to rest.

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