Theoretical and legal aspect of determining the mechanism of ensuring human rights and features of their implementation in Ukraine

Abstract

The article considers the rights and freedoms of man and citizen. It is studied that human rights and freedoms are formed as a result of numerous historical preconditions that have developed the psychological need of man to freely use their abilities to think, express thoughts, engage in creativity, self-expression, work. The mechanism of law enforcement is a system of legal means that affect public relations in order to regulate, implement, etc., which includes the following elements: guarantees, legal elements of the enforcement mechanism, the process of actual implementation, conditions and factors of such process. One of the essential elements of the human rights mechanism is guarantees. Analysis of the existing concepts of guarantees in the legal literature allows us to conclude that the guarantees of individual rights and freedoms should be understood, first, certain conditions under which the fullest and most comprehensive implementation of individual rights and freedoms, and secondly, means that effectively ensure protection and protection of individual rights and freedoms in case of their illegal violation. Direct constitutional and legal guarantees are a special system of legal norms, principles, conditions, requirements and legal means and means provided by the Constitution of Ukraine and other laws. ensuring, realization, protection and defense of human and civil rights and freedoms for the purpose of their practical realization. Signs of guarantees of human rights and freedoms are that they: have a state nature; reflected at the level of relevant regulations; have a universal and continuous character; reflect the state and level of development of the main spheres of public life; have a real and appropriate nature; have the form of a complex system that has its own internal structure, the elements of which are inextricably linked and constantly interacting. Thus, guarantees are one of the main and probably the largest links in the administrative and legal mechanism for ensuring the rights of citizens.