Constitutional humanitarian law: basics of conceptual paradigm

Abstract

In modern conditions of constitutional development of Ukraine, favorable conditions are created for the formation and separation in the system of national constitutional law of such its humanitarian component as the constitutional humanitarian law.It is grounded to distinguish three main reasons of this.The first reason – is the current stage of constitutional reforms in Ukraine, which determines this tendency of the development of national constitutional law as its humanization and improvement of human dimension of constitutional and legal realities. Hence, the recognition and legal support for livelihood, development, self-fulfillment and protection of such subjects of constitutional law as a person, a citizen, society (including civil society).The second reason for separation and formation of humanitarian law in the system of constitutional law is strengthening interaction between national and international law. This is particularly evident under current conditions of European integration of Ukraine. International acts (including in human rights and freedoms) are (under certain conditions (see: Art. 9 of the Constitution of Ukraine) part of domestic law.The third reason is associated with the need of complex regulation of social relations that arise between people, civil society and state by constitutional and legal norms for the purpose of establishing constitutional and legal freedoms.The nature of constitutional humanitarian law is marked in the fact that modern constitutional law has a relationship with humanism (humanism – Lat. “humane”), which is found in its humanitarian focus, that is – to focus on ensuring the constitutional and legal freedoms, development and sustainable development of civil society.Constitutional humanitarian law – is an institution of constitutional law, which defines the establishment and protection of human rights, development of civil society through constitutional and legal means. The subject of its regulation are the social relations that arise between people, civil society and the state in the implementation of public (state) authorities for the purpose of establishing constitutional and legal freedoms