Protection of general (public) interest as a criterion for restriction of constitutional rights and personal freedoms

Abstract

The article is devoted to the study of the protection of general (public) interest as a criterion for restricting the constitutional rights and freedoms of the individual. It is substantiated that the presence of general (public) interest in accordance with the legislation of Ukraine may be grounds for: restriction of property rights, other constitutional rights, in particular, the right to access public information, the right to freedom of association in political parties and public organizations, peacefully, without weapons and to hold meetings, rallies, marches and demonstrations, the right to strike; in administrative proceedings - to resolve the issue of consideration of the case in the general
 claim proceedings, the possibility of cassation (third) review of the case, determining the amount of costs for legal assistance and the distribution of court costs.
 The author argues that the issue of protection of general (public) interest is closely related to such an important issue as trust in the judiciary. It is proved that the special vocation of administrative courts is that they are responsible for resolving the extremely difficult issues of finding a fair balance between general (public) and private interests, using the procedural mechanisms enshrined in the CAS of Ukraine.
 An analysis of the decisions of the Constitutional Court of Ukraine, based on which the components of the rule of law, which must be provided by the state and its bodies during: the establishment of legal restrictions on the exercise of constitutional rights and freedoms of man and citizen; regulation of public relations in the social sphere; redistribution of public expenditures and public income; establishing restrictions on the right to appeal and cassation appeal against a decision of a court of general jurisdiction.
 On the basis of the conducted research it was offered to supplement Art. Art. 56 and 65 of the Constitution of Ukraine in order to unify the approach to determining the grounds for restriction in exceptional cases of constitutional rights and freedoms of the individual.