Impact Of Direct Effect Of Constitutional Norms And Practice Of The European Union On The Efficiency Of Human Rights’ Realization And Protection
Karpachova N. Dobrianska O. Punda O. Protsiuk I. Zhuravel Y. Chudyk N. Korotun O.
2021Allied Business Academies
Journal of Legal, Ethical and Regulatory Issues
2021#24Issue Special Issue 11 - 8 pp.
It has been emphasized that the norms of the Constitution of Ukraine and the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms are correlated in structure, form of action and features of application that allows determining the conceptual features for the formation of the mechanism of realizing and applying the Constitution of Ukraine as norms of direct effect. It has been emphasized that the central idea is the uneventful application of the norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms at the stages of realizing human rights and their protection due to the similar nature and legal structure of their norms. It has been noted that the use of such an approach creates an objective opportunity to establish whether there were violations of any requirements at the stages of: protecting such a right (existence and application of preventive measures), implementing the right (obstacles to achieving a certain good by a person) and protecting human right (taking sufficient and effective measures aimed at restoring the person’s status). It has been stated that the norms of the Constitution of Ukraine, given their legal properties, can be applied similarly to the way how the European Court applies the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. Considering the provisions of the current procedural legislation of Ukraine on the powers of courts, it has been proved that human rights are realized and protected in out-of-court and judicial manner exclusively and directly on the basis of the norms of the Basic Law. It has been noted that the forms of applying the Convention for the Protection of Human Rights and Fundamental Freedoms should be understood as methods of applying the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms by the authorized subjects to certain legal relations that is expressed in the relevant acts, namely: literal application – carrying out law-enforcement activities on the basis of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms without their interpretation; expanding application – the implementation of law-enforcement activities on the basis of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms as a result of their interpretation.
Analogy of Law , Constitution of Ukraine , Direct Effect of the Norms of the Constitution of Ukraine , European Court of Human Rights , Forms of Realizing and Applying Legal Norms , Mechanism of Realizing Human Rights , Realization and Protection of Human Rights
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Law and Management Institute of Yaroslav Mudryi, Ukraine
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Academy of Advocacy of Ukraine, Ukraine
Khmelnytskyi National University, Ukraine
Yaroslav Mudryi National Law University, Ukraine
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Law and Management Institute of Yaroslav Mudryi
National Law University
Academy of Advocacy of Ukraine
Khmelnytskyi National University
Yaroslav Mudryi National Law University
Academy of Labour
West Ukrainian National University
Northern Commercial Court of Appeal
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