CONSTITUTIONAL AND LEGAL MECHANISM OF THE PERSON’S RIGHT DEFENCE: CONCEPT AND ESSENCE

Abstract

The author defines the concept of a “constitutional and legal defence mechanism” somewhat difficult, because the term itself is quite complicated for understanding and research due to in essence it combines several elements. The article examines the elements of this concept, one of which is the totality of state, international and public bodies and organizations that protect the rights of a person in case of violation. The author also explores another element of the central concept of the article, namely, the right to defence, that is, the possibility of a person in cases of violation of his rights to apply to state bodies, international and non-governmental organizations for protection. In addition, the article states that the concept of “mechanism” also includes the regulation of interaction with bodies and organizations to protect their rights, that is, the way to exercise the right to protection from the beginning(violation of the person’s right) to the end(the relevant decision of the institution to which the person applied for protection). Subsequently, the author writes that in its combined form it is called the constitutional and legal mechanism of person’s right defence.