Paladiieva Y. Positive Discrimination in the Mechanism of Ensuring the Principle of Equality

The dissertation is a complex theoretical and legal study of positive discrimination as a mechanism for ensuring the principle of equality. The research reveals the essence of the principle of equality, which should be interpreted in terms of equality of opportunities for the realization and development of each individual, equality of all subjects before the law and the State. At the same time, the formal and substantive aspects of the principle of equality, as well as the interaction of the principle of equality with such fundamental principles of law as the principle of justice, freedom, rule of law, legal certainty, proportionality and good faith, are of particular importance. It is noted that in the process of implementing the policy of positive discrimination, one should take into account, on the one hand, the impossibility of absolute equality, and on the other hand, the obligation of the State to prevent unnatural, human-created inequalities in society and the emergence of privileged groups in society. There is formulated a definition of the mechanism of ensuring the principle of equality as a system of legal, organizational and economic measures necessary for the realization of real equality of opportunities in social relations. The author analyzes the historical background and the adoption of anti-discrimination legislation which played a key role in creating the framework for the introduction of positive action and developing ways for its effective implementation. Thus, the historical context created important incentives for strategies to ensure equal rights and opportunities for all individuals.