Mishchenko A. Constitutional and legal bases of restriction of social and economic human rights: European experience and its significance for Ukraine

The dissertation is devoted to comprehensive scientific research of constitutional and legal regulation of restriction of social and economic human rights, its normative-legal and organizational bases; to definition of actual problems of restriction of social and economic human rights in Ukraine; to analysis of experience of restriction of social and economic rights in the European Union member states and be the European Union law; as well as to the prospects for its further adoption and direct implementation in Ukraine. The author’s definition of the constitutional and legal restriction of social and economic human rights is developed in the dissertation, its genesis, characteristic features, types and main stages of its historical development are clarified. Based on the generalization of empirical data, it is proved that legitimate restrictions on socio-economic human rights must comply with the principles of admissibility, legality, necessity, expediency, reasonableness and proportionality, because otherwise any government interference in socio-economic human rights is unacceptable and illegal. The grounds for constitutional and legal restrictions on the implementation of socio-economic human rights, which are specific only to this group of rights and cannot be applied to all other human rights, have been identified. The effectiveness of the established limits of permissible restrictions on socio-economic human rights is substantiated.