LEGAL PROTECTION OF THE CONSTITUTIONAL RIGHT TO HOUSING

Abstract

Human rights as a phenomenon are, undoubtedly, the most important achievement of the modern era and the key element of civilizational development of global community; however, the range of duties that correspond to human rights must be taken into account as well. One of the major subjects in this system is the state, which bears the highest responsibility for protecting constitutional rights of its citizens. The “constitutional state” category used to characterize states with a sophisticated legal system is simultaneously distinguishable for high level of economic development, broad dissemination of democratic ideals and the priority of universal human values. However, this system is built on clearly defined legal priorities. The right to remedy is the measure and the guarantor of democratic society. With the proclamation of Ukraine as an independent state, the right of everyone to legal remedy became one of the fundamental, constitutionally guaranteed human rights. The human and citizen right to legal remedy belongs to the category of civil rights, and moreover, it contains a legal guarantee against abuse of power by particular persons, as well as by the government. Also, Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right for an effective legal remedy. Embodied in the constitutions of the majority of developed states, it occupies a prominent place in the structure of the legal-constitutional status of a person and represents an indispensable factor. The right to justice is reflected in the fundamental principles of the judiciary. Therefore, this right consists of the following elements: accessibility of justice; the right to appeal and cassation appeal of court judgments; independence and impartiality of courts; equality of all participants of a judicial proceeding before law and court; the right to remedy; publicity of court trials; trial of the case in the shortest possible time provided by law. At the same time, protection of the right to housing necessitates fast resolution of disputable legal issues in certain cases, which court trials sometimes cannot guarantee.