Special guarantees as a component of the constitutional and legal mechanism for ensuring human rights and freedoms in Ukraine

Abstract

Since the constitutional and legal mechanism for ensuring human rights and freedoms in Ukraine is a rather complicated theoretical construction, not all of its components can be qualified as those that have been studied at the proper level. This makes it necessary to determine the basic constitutional guarantees of human rights in Ukraine and to clarify the content of special guarantees as a component of the constitutional and legal mechanism for ensuring these rights. On the basis of the study, it was noted that legal guarantees should have a legislative form of their consolidation. The main constitutional guarantees of human rights in Ukraine are highlighted, as well as special guarantees of human rights are identified as the integral system of legal conditions, methods and means that, in combination, ensure the process of unhindered implementation of the right, its protection and restoration in case of violation. Taking into account this definition, the author’s vision of the content of special guarantees of human rights is proposed by specifying a list of its structural components: ensuring the legal regime of inviolability of law – the impossibility of its cancellation, prohibition of narrowing the content and scope of law when adopting new laws or amending existing laws, prohibiting limitation of rights even under martial law or a state of emergency; it is guaranteed by law, incl. at the level of an act of supreme legal force – by the Constitution of Ukraine; the existence of legal guarantees of rights as a component of human rights; the obligation to carry out activities by public authorities, their officials only on the basis, within the powers and in the manner provided for by the Constitution and the laws of Ukraine; the possibility of protection both nationally and internationally; conditionality of its protection by the coercive force of the state or by the control functions of international organizations; the inexhaustibility of the list of human rights defined by the Constitution of Ukraine, which is a prerequisite for both the legislative introduction of new rights and the expansion of the content and scope of existing rights. Keywords: special guarantees human rights and freedoms, constitutional and legal mechanism.