CONSOLIDATION OF THE INSTITUTIONAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS IN CONSTITUTIONAL PRINCIPLES

Abstract

The article considers various aspects of establishing the institutional mechanism for the protection of human rights in constitutional principles. The rule of law, equality, justice, legality, their relationship is actively discussed in modern Ukrainian legal science and the science of public administration. The author emphasizes that the rule of law is a fundamental principle on which the establishment of the institutional mechanism for the protection of human rights in constitutional principles is based. The author comes to the conclusion that thanks to the combination of principles, firstly, the necessary balance of constitutional values is achieved when they are implemented in the current legislation, and secondly, in law enforcement practice, in case of gaps and contradictions in the current legislation. The main constitutional principles of the institutional mechanism for the protection of human rights include such principles as the rule of law, the principle of equality before the law and the court, the principle of justice and the principle of legality. Also, in the course of the research, we came to the understanding that: legality as a principle of behavior of legal subjects, legality as a principle of functioning of state bodies, officials is essentially a requirement for voluntary performance by legal subjects of their duties and realization of their rights, legitimate interests in within the limits of law. The main guarantees of legality as a principle of behavior of legal subjects are: 1) constitutional consolidation of the rights and freedoms of a person and a citizen; 2) creation of the necessary conditions for the voluntary implementation of legal provisions by subjects; 3) equality of rights of subjects; 4) the inevitability of responsibility for committed offenses; 5) activity in the field of law based on the general permissive principle is allowed everything that is not prohibited by law. Within the framework of a broad approach to understanding the essence of legality, its content includes not only the universal obligation of legal prescriptions for all subjects of law, but also the supremacy of the law, the equality of subjects of law before the law, the efficiency of the state apparatus, etc. The purpose of the work: to investigate the consolidation of the institutional mechanism for the protection of human rights in constitutional principles. Methodology. It is common knowledge that individual rights and freedoms are social goods that have the highest value. Human rights and freedoms and their guarantees determine the content and direction of state activity. The problem of the essence and implementation of the concept of "rights and freedoms of a person and a citizen" is key in the life of a society that claims the status of a democratic, humane one. That is why in the modern world there is no more significant and at the same time difficult to put into practice idea of existence than the rights and freedom of a person and a citizen. Human rights are the main criteria for assessing the quality of statehood, the degree of its democracy, adherence to the legal basis, morality, and universal human values. Declaring itself a legal state, as stated in Art. 1 of the Constitution of Ukraine, Ukraine thereby takes the first step on the path of legal statehood, based on recognizing the rights and freedoms of the individual as the highest value. The Constitution of Ukraine also established that the rights and freedoms of a person are inalienable and inviolable (Article 21), they are guaranteed and cannot be revoked (Article 22), and the state is responsible to a person for its activities, therefore the approval and provision of human rights and freedoms is the main duty of the state. Ensuring legality, law and order, protection of rights, freedoms and legitimate interests of citizens is the concern of the state, its bodies, organizations, institutions and officials. Understanding the concept of "principle" as a topic of scientific research occupies an honorable place in modern legal science. This is caused, first of all, by the large volume of social and legal relations, which are covered by the relevant principles. In addition, the multifaceted understanding of this term determines the need for its detailed scientific analysis. Accordingly, the understanding of the term "principle" can have different meanings not only in scientific works, but also during law enforcement activities. Scientific novelty. The European integration course of our country, in the context of raising the legal standards of maintaining a humanistic beginning in all spheres of our life, including the protection of human rights, freedoms and legitimate interests, is due to the increased interest on the part of the international community and the implementation of the norms of international law into national legislation. As of December 2020, a total of 62,000 cases against states parties to the Convention were under consideration at the European Court, of which 10,400 were against Ukraine, which is 16.8% of the total number of cases. In the implementation of the organizational and legal component of the mechanism for the protection of human and citizen rights and freedoms, a special place is occupied by the constitutional and legal mechanism of protection, which includes, first of all, constitutional principles that ensure the free development and dignified existence of each individual. Conclusions. Summarizing all the above provisions, it should be concluded that thanks to these principles, firstly, the necessary balance of constitutional values is achieved when they are implemented in the current legislation, and secondly, in law enforcement practice, in case of gaps and contradictions in the current legislation. The existence of these principles is the result of the integration of generally recognized norms of international law in domestic legislation, which allows to ensure and protect human and citizen rights in Ukraine at the level of civilized world standards.