Realization Of Rights Research Articles

Paving the Way for Rights of Nature in Germany: Lessons Learnt from Legal Reform in New Zealand and Ecuador

AbstractThis article examines the concept of granting legal rights to nature as a strategy for more effective environmental protection in the era of the Anthropocene. Following decades of debate over the possibility and consequences of natural objects becoming legal rights holders, a number of countries have recently implemented rights of nature laws in their national legal systems. Comparing two of these examples – a constitutional amendment in Ecuador and recently transposed legislation in New Zealand – will help in understanding the potential for and challenges in the implementation of this concept. On the basis of the findings of this comparison the article further analyzes the possibility of legal reform in a European country, using Germany by way of example. This analysis demonstrates that the realization of rights of nature in Europe is faced with many obstacles as it contests institutional and legal frameworks that are deeply rooted in Western individual rights doctrines and neoliberal economic models. Nevertheless, the holistic approach of expanding the number of rights-bearing subjects beyond an anthropocentric framework can allow for more serious consideration of environmental interests, something that aligns with the German narrative of recognizing nature's intrinsic value in law and the need for effective environmental protection measures.

REVIEW OF THE MONOGRAPH BY V.A. GUSEV, V.F. LUGOVIK
 “THEORY OF OPERATIONAL SEARCH PROCEDURES”

Introduction. The peer-reviewed monograph is devoted to the theory of operational search procedures. The needs of practice in the system of legal regulation of procedural and procedural issues of operational and investigative activities are not adequately reflected, which leads to the lack of an adequate theoretical basis that could become the foundation of future legislative changes. The presence of a complex set of unresolved problems arising in the adoption and implementation of decisions by officials of the bodies carrying out the operative-investigative activity and their implementation of operational and investigative actions form an urgent need to create an effective system of legal procedures in the operative-investigative activity. The authors analyzed the main sections of the work, gave a brief description of them, as well as highlighted the most interesting and informative provisions that reflect the actual issues of operational search activities. In addition, wishes were expressed to the authors of the monograph. Scientists have studied such issues as: theoretical-methodological bases of legal procedures in the operational-search activities; legal procedures in order to ensure the rights and freedoms of man and citizen when implementing operational search activities; the legal procedures for operational-investigative activities; legal procedures for realization of rights of the bodies implementing operative investigative activities; legal procedures for investigation of production; legal procedures for the use of operative-investigative activity results in criminal, arbitration proceedings, the powers of tax authorities, when making administrative and managerial decisions; legal procedures for the implementation of prosecutorial supervision over execution of laws in the operational-search activity. Conclusion. The reviewed work, of course, is a new, and very informative page in the theory of domestic jurisprudence, and the proposal for the introduction of the Operational-investigative code is extremely relevant, it requires support and early practical implementation.

Gênero, poder e subjetividade

O aumento do número de mulheres envolvidas em atividades ilegais no país, percebido através de pesquisas disponibilizadas pelo Departamento Penitenciário Nacional, chama atenção para um fenômeno multifacetado e de alta complexidade, despertando a necessidade de se pensar a dinâmica da sociedade brasileira para compreender qual o sentido desse aumento. O presente artigo, a partir de uma pesquisa qualitativa, perseguiu uma tentativa de compreender melhor a formação dos dados do encarceramento feminino, qual o interesse jurídico e social atribuído as personagens dessas estatísticas e em que medida suas subjetividades são apreendidas em tal contexto. Possibilita-se, dessa forma, percepções acerca de como se formata o número de mulheres em situação de privação de liberdade no Brasil (implicações sociais e demográficas), sobre o que o Direito tem estudado sobre a mulher encarcerada e as grandes possibilidades e complexidades das relações vividas pelas mulheres enquanto autoras de crime. Destaca-se, por fim, a relevância das relações de poder e gênero na construção de universos de significados que dificultam a percepção dessas mulheres, impedem o reconhecimento de suas individualidades e, muitas vezes, suprimem as suas subjetividades, o que, consequentemente, dificulta o reconhecimento e a concretização de direitos frente a uma necessária resolução do problema com a contenção do aumento das estatísticas.

QUALIFICATION OF VIOLATION OF PROTECTION LEGISLATION REQUIREMENTS WORK DONE BY SEVERAL PERSONS

The relevance of the article is that healthy and safe working conditions are ensured by careful observance of safety and labor protection rules. This is especially important at the present stage of civil society development. At present, one of the most important factors in the democratization of Ukrainian society in the course of building a truly rule of law in Ukraine is, without a doubt, the constitutional consolidation of human and civil rights and freedoms as the highest value. However, the mere declaration of these rights does not mean that a person has a real opportunity to enjoy these rights and freedoms to the fullest. For the real provision of all human rights and freedoms, an effective socio-legal mechanism for the realization of rights and freedoms is needed, which contains guarantees for their provision and protection. One of the most important groups among the rights and freedoms of man and citizen are labor rights, violation of which entails the emergence of various types of legal liability, including criminal. Along with such violations as: delay in payment or unjustified reductions in wages, unjustified transfers or dismissals, violations of the rights of women with children, a special place is occupied by violations of legal requirements for labor protection, as in many cases they lead to occupational injuries. The article examines the features of the qualification of violation of labor protection legislation, which was committed by several persons. The author analyzes the problematic aspects of the qualification of actions of two or more persons guilty of violating the requirements of labor protection legislation, depending on the level of their subordination and the scope of responsibilities imposed on them by relevant orders, directives, acts. Also, the article describes such a form of joint negligence in the theory of criminal law as «negligent complicity». Specific criminal proceedings on the peculiarities of determining the subject composition of the violation of the requirements of legislative and other regulations on labor protection and bringing the perpetrators to justice have been studied. The author proposes amendments to Article 271 of the Criminal Code of Ukraine.

TRANSFORMATIVE IMPACT OF BANKRUPTCY LAW ON DISPOSITION OF THE PROPERTY COMPLEX

Once insolvency (bankruptcy) proceedings have been instituted, virtually all the legal institutions known to us are applied with the particularities established by the bankruptcy law. This phenomenon can be called a transformative impact of bankruptcy law (or a bankruptcy transformation). There is currently no consensus on the part of theory and practice on the issues raised in the article. Purpose: to analyze the relations that arise during the disposition of a property complex (enterprise, business). Under civil law, this property complex means the complex of rights and obligations, purposing to get the profit, but in the bankruptcy law, it means only the set of rights, but not the obligations, because the obligations (excluding the current obligations) are not included to the business structure. Methods: the author uses empirical methods: comparison, analysis and synthesis, communication, description; as well as special methods: comparative legal, logical, systemic, deduction, induction, analogy. Results: the study proves the transformative effect of bankruptcy law on the business structure, the procedure for selling it, the status of pledge creditors whose claims are included in the business, the procedure for the realization of rights based on licenses.

HISTORY OF BECOMING LEGISLATION IN RELATION TO LEGAL STATUTE A CHILDREN-INVALIDS ON WALKS IN THE LIFE OF UKRAINE

This article is sanctified to research of question of history of becoming of legislation in relation to legal position of children-invalids. The row of documents, that assisted the bookmark of legislative foundation, that became the regulator of relations between the state, society and children-invalids, is outlined. The state is under an obligation not only at formal level to provide normal development of children-invalids but also incarnate in life necessary facilities for functioning. Social defence of invalids from the side of the state consists in the provision of benefit, motor, orientation and perception of information, adjusted accommodation vehicles, in establishment of guardianship or extraneous supervision, and also adaptation of building of settlements, public transport, facilities of communications and connection to the features of invalids. A manual is paid in accordance with a current legislation. In turn, local public authorities are under an obligation to provide to the invalids necessary terms for free access and using in a civilized manner-spectacle establishments and sport building, for engaging in physical education and sport, and also to provide grant the special sport to the inventory. Taking into account the necessity of approaching of national legislation to international to the state it is yet needed to pay attention to problems that arise up for people with disability : they are often confined and possibilities to participate in economic life. And it is a greater question of domestic barriers, but not possibilities of people with disability to work. From it, the large percent of people with disability appears on verge of poverty. Therefore, normative acts must be the instrument of realization of rights for children-invalids exactly now. It is well-proven that construction of the legal framework is based on the fact that not only is declared a particular set of guarantees for persons with disabilities, and the law establishes a procedure for their implementation and control over the implementation, which is able to ensure the implementation of the totality of social rights of persons.

FOOD SECURITY OF GENETICALLY MODIFIED CROPS: THE ROLES OF THE STATES IN MALAYSIA AND INDONESIA TO PROTECT FARMERS’ RIGHTS

Genetically modified (GM) crops have been introduced as an answer to hunger and malnutrition; they are said to provide better crops and to be more nutritious. At the same time, they imply possible risks to human health and access to food. They also affect environment and biodiversity. Human rights are interdependent and indivisible; rights to health, adequate food, healthy environment, democratic participation and informed choice all affect each other in this case. A holistic view should be applied when looking for solutions to hunger and more efficient farming methods. The inequality embedded in current seed market system should be addressed. GM crops are an especially delicate issue, as it implies so many valuable things: biodiversity, food security, cultural meanings and the basis of nutrition. Civil society is rightfully concerned about the right to food. GM application can only take place, if it is largely accepted in the society. This paper examines the state’ responsible in Malaysia and Indonesia for realization of rights to food. This paper proposes that right to food can actually be used as an instrument for aspiring food sovereignty, if the states sustainably recognise the right to food and the development of this GM crops.

Principle of Equality in Decisions of the Constitutional Court of Ukraine

The article analyzes the implementation of the principle of equality in the constitutional legal proceedings of Ukraine nowadays. It has been established that this principle is reflected in the decisions of the Constitutional Court of Ukraine: 1) equality of citizens before the law, which does not exclude differentiation of legal regulation, is guaranteed by the prohibition of «negative discrimination» and is not absolute in scope; 2) equality of everyone (i.e. citizens of Ukraine, foreigners, stateless persons) before the court, including equality of all participants of the judicial process; 3) equality of citizens in duties, which means their equal subordination to the laws of Ukraine; 4) equality (equal significance) of rights and freedoms, the manifestation of which is the equality of material and procedural rights, the equality of positive and negative rights. On the basis of the analysis of the decisions of the Constitutional Court of Ukraine, a number of «ontological factors» that determine the principle of equality and are considered methodologically important for legal characterization, have been identified. The first of the proposed factors is the sphere of social life, i.e. the part of the public space that has become «discriminatorily vulnerable», and in light of this the legal positions of the Constitutional Court of Ukraine in respect of the principle of equality in the sphere of realization of electoral rights, labor rights, property rights etc. have been systematized. The second factor can be considered the peculiarities (nature) of legal rights that are «in the area of discriminatory risk», which affects the functions of certain legal means of ensuring equality, in particular, the functions of the so-called legislative qualifications. A third reviewed factor is the relationship between human and civil rights. The dependence of the content and scope of the principle of equality on the joint realization of the right to education and the right to free development of one’s personality; the right to housing and freedom of movement and free choice of place of residence. The fourth factor of the substantive content of the principle of equality is the criteria of differentiation of legal regulation, namely, «appropriateness» (economic, political, social), «justifiability in a democratic society» and «relevance». The fifth factor is associated with the specificity of guarantees of ensuring the principle under consideration, among which — «accessibility», «free-of-charge» basis of education and health care. As the sixth factor, the correlation of the principle of equality with other principles of law, in particular, with the principles of justice, freedom, presumption of innocence and inadmissibility to hold a person responsible for refusing to testify against him/her, has been substantiated. Keywords: rule of law, legal principles, human rights and freedoms, The Constitutional Court of Ukraine, principle of equality.

Some current issues of classification of legal guarantees in labor law

Problem setting. Today, Ukraine is going through times of change in the whole society. In view of this, the issue of legalguarantees and their implementation is extremely important, because they are the legal means that should ensure the unimpededrealization of the whole set of his rights, including labor rights. Article 43 of the Constitution proclaims the right of everyoneto work and a number of other rights related to labor relations. At the same time, if a system of legal guarantees for the realizationof labor rights is not developed, the proclaimed rights can be described as declarative.Describing the guarantees provided by labor law, we say that they provide a transition to the actual implementation of theopportunities enshrined in law, that is, they are needed for the exercise of rights and freedoms, and for responsibilities. It seemsthat the realization of rights, freedoms and responsibilities, in fact, is only part of a more general problem – the application oflaw and the rule of law. Analysis of recent research. The works of many labor scientists, in particular: N. Bobrova, M. Vitruk, D. Karpenko, T.Markina, P. Nedbayl, K. Urzhinsky, are devoted to the study of guarantees in labor law V. Skobelkin, O. Smirnov, N. Stolyar,L. Surovskaya, O. Yaroshenko and others. Target of research is to consider and characterize the classification of legal guarantees in labor law. Article’s main body. The article considers topical issues of classification of legal guarantees in labor law. The variousclassifications proposed by scientists are covered, their analysis is carried out. It is noted that there should be an awarenessof the purpose of establishing legal guarantees, first of all – to ensure the fullest exercise of the rights granted to employees.It is concluded that the system of legal guarantees of labor rights of the employee should be effective both quantitativelyand qualitatively. The number of legal guarantees must be sufficient, optimal, and the means, methods and conditionsthemselves must be real. Conclusions and prospects for the development. Thus, there is no single generally accepted classification of legalguarantees in labor law. At the same time, the totality of all the above legal guarantees is an independent element of thecontent of the legal status of the employee. By their regulatory influence, they cover all stages of labor relations, affectcertain parties directly related to labor relations.

Forms of realization of the right to rest: Ukrainian realities and foreign experience

The article is devoted to the study of forms of realization of the right to rest in Ukraine and foreign countries. The opinions of modern scientists on the concept of realization of rights are considered. The necessity of using the terminology "form of the realization of the right to rest" instead of "types of a rest time" is substantiated. Forms of realization of legal norms, depending on the nature of their dispositions are researched and such types as fulfilment, execution and application are distinguished.
 The forms of realization of the right to rest according to Ukrainian legislation are defined. The various views of modern scholars on the list of forms of realization of workers' right to rest are analyzed and the necessity of declaring periods of daily rest of employees is demonstrated.
 The general rules concerning rest and meal breaks according to the Labour Code of Ukraine are analyzed and the need of detailed regulation of the specific time and duration of the rest and meal break by the state are clarified. Attention is drawn to the setting minimal duration of such a break, as in United Kingdom and France. It is emphasized on the existance of physiological breaks in legislation of a foreign country, which are important for maintaining high efficiency and a good health level of employees. Legislation of the Republic of Poland and United Kingdom concerning holidays and weekly rest days are investigated.
 The importance of defining the concept and duration of daily rest in the relevant section of the Labour Code of Ukraine, as proposed by the European Union legislation is shown. The scientific literature concerning establishment of a minimal duration of daily rest lasting twelve hours to ensure adequate rest for workers who work part-time or overtime is analized. The provisions of international regulations in this sphere are taken into account.

Качество детства: проблемы и подходы в их решениях

Childhood problems need to be studied to timely identify and resolve them at an early stage, with the interaction of both the state and society. The author gives a general description of the main approaches to assessing the quality of childhood. The author considers the world experience of comparative analysis of child well-being, which is reflected in the concept of social exclusion suggested by the United Nations Children’s Fund (UNICEF); it is based on parameters similar to the Child Well-being Index developed in 2004 by the United States Child Development Fund. We also examine the approach proposed by the World Health Organization to the specifics of the population’s quality of life. The essence of this approach relates to the individual’s perception of position in life in the context of the cultural environment and the value system in which this individual lives, considering his/her goals, expectations, standards, and views. The article mentions both the strengths and weaknesses of these approaches in the context of protecting the interests and rights of minors. It is noted that due to the lack of common criteria for understanding the well-being and quality of life of children, there is a variability in the proposed definitions, within which researchers mainly focus on two approaches: the first uses the category of «well-being», the second - the category of «quality». In public discourse, the category of «well-being» is mainly applied to families of certain type or to deviant behavior of adolescents. At the same time, terminological blurring and evaluative character are observed, which translate the discussion into a moral and ethical plane. The author sees the reason for this shift in the absence of legal definition for the «well-being of childhood.» The quality of life, and childhood in particular, can be determined through integrated approach that combines an objective assessment based on official data and a subjective one that reflects the opinion of the people themselves. Taking into account the existing practical experience in the protection of the rights and freedoms of minors, the author proposes her own multidimensional model of “Quality of childhood”. It is a system for structural assessment of state policy in the sphere of childhood to create conditions for the realization of rights and legitimate interests of minors in the Russian Federation, which also considers objective and subjective indicators in this sphere.

论胎儿的民事权利能力及权利实现机制

论胎儿的民事权利能力及权利实现机制

Vulnerability as a human rights variable: African and European developments

In human rights law the concept of vulnerability is increasingly being used to attract attention to the fact that people are differently resilient and that some are more prone to harm than others. Its use as a legal concept, however, is still embryotic and opens up to several questions. By scrutinising how the judicial bodies within two regional human rights systems - the African and the European - have referred to and used the concept, the article discusses the nature and function of vulnerability in interpreting rights. Discussing the function and the conceptualisation of vulnerability in such practice, it argues that although the idea of special protection implicit in the vulnerability thinking is not revolutionary as such, vulnerability argumentation may be seen as a supplementary safety mechanism, which can be used to widen and deepen the scope of measures of protection in cases where 'regular' protection is not enough to ensure the effective realisation of rights. At the same time, the article cautions against taking the neutrality of the vulnerability concept for given, as the use of the vulnerability reasoning may also lend itself to the selective protection of rights.

Антропологічний вимір досліджень прав і свобод засуджених

The purpose of the article is to analyze existing research on the rights of convicts and highlight their anthropological direction, as well as emphasize their importance for the anthropology of law and philosophy of law in general, constitutional law, criminal law, improving mechanisms to protect the rights, freedoms and interests of convicts. The methodological basis of the article is a set of philosophical and philosophical methods, general and special scientific methods. Determinants, in our opinion, are dialectical and: logical, formal-legal and historical, comparative-legal and systemic methods, as well as anthropological, activity and other approaches. Scientific novelty. Ensuring the inalienable natural human rights, even when it has received the status of a convicted person, requires from the state, its specially authorized bodies and officials, additional measures and means of legal influence, the establishment and maintenance of penitentiaries, re-education of these persons. Scientists have an important mission, in particular, to reveal the features of human nature, including convicts in terms of various scientific schools, human dignity, its rights and freedoms, legal awareness, socialization and resocialization, in order, above all, to prevent illegal acts, disclosure the danger of harm to such acts for themselves and others, their associations, human civilization. Conclusions. The Ukrainian state, scientific elite and officials face a number of urgent tasks to create an effective legal system that would protect human rights and freedoms, regardless of the conditions in which they find themselves. The reform of Ukraine’s penitentiary system must be based on democratic principles, in line with the European penitentiary concept and Ukraine’s national interests. This is impossible to do without a thorough scientific base, constant attention of representatives of modern scientific schools, especially the philosophy of law, and it is important that we continue to outline the areas of study of legal anthropology, penology and other scientific areas. Keywords: human rights; rights of convicts; philosophy of law; anthropological approach; legal regulation; realization of rights and freedoms of convicts.

The problem of the realization of rights and freedoms in the Constitution of the USSR 1936: the historical and legal aspect

The problem of the realization of rights and freedoms in the Constitution of the USSR 1936: the historical and legal aspect

Favorable legal environment as a condition for the realization of criminal procedural rights and the proper performance of criminal procedural duties

The article investigates the problem of legal support of the participants of criminal proceedings for the implementation of the rights granted to them by the legislator and the proper performance of their criminal procedural duties. Obstacles to the implementation of criminal procedure rights and obligations of normative (gaps, conflicts of legislation) and organizational (illegal actions of subjects, their inaction) nature are identified. The existing views of scientific researchers on the correlation of rights and obligations in the sphere of criminal justice as paired legal categories are studied and analyzed. We analyzed the provisions of the current criminal procedure legislation in Russia from presence/absence of legal conditions ensuring realization of rights and performance of duties by the participants of the criminal process.

Державне регулювання безробіття та міграційних процесів (нa пpиклaдi Житoмиpcькoї oблacтi)

The problems of the Ukrainian labour market, especially the level and descriptions of youth unemployment, the accelerations of migratory processes during the last years became the basic indices of the deep crisis in the public-state model of Ukraine. The article performs the analysis of the difficult processes, which are on the stage of dynamic growth not only in Ukraine, but also in the whole world, unemployment and the labour migration related to it. It is known that Ukraine’s participating in the world migratory processes is huge. The Ukrainian state is one of most donors of labour migration in the modern world and the transit country, through which more than 10 routes of migration pass. Difficult migratory processes, especially labour migration, which involved the entire world, extremely negatively influences the demographic development of modern Ukraine. Uncontrolled migratory processes render the special threat on participating in the international division of labor, on bringing in to the European and world markets, social and national safety. Especially as today a basic strategic task for Ukraine is a maintainance of state sovereignty, territorial integrity and integration in European economic and migratory spaces, providing the quality and lifetime close to the world standards, realization of rights and freedoms of citizens. Therefore, the analysis and account of modern migratory tendencies in our state, in the context of participation of Ukraine in European and world migratory space, examines as one of the important factors of forming the public policy. The issue on developing the mechanisms of government control of migratory processes, especially labour migration, is the basis in providing the national safety of Ukraine. Now the problem of staying in the regions of Ukraine a great number of forced migrants is especially urgent because of the of Crimea annexation by the Russian Federation, the external military aggression of Russia in Donbass and the armed conflicts, which proceed in Donetsk and Luhansk areas.

Historico-philosophical sources of the problem of freedom

The article deals with the historic and philosophic connotations of the problem of freedom in the margins of classical paradigm of philosophizing. The phenomenon of freedom is extremely mysterious and complicated. Freedom at the formal level is perceived as a condition for the realization of rights of man and citizen. But the meaning of this concept is diverse for different people, and the ways of solving the problem of freedom are sometimes quite opposite. The authors explore freedom as an idea and value, a legal norm and an ethical principle, a social reality and a characteristic of the practical life of society and individual

Impact of the Constitution's Normative Framework on the Interpretation of Provisions of the Companies Act 71 of 2008

Given the intention of section 7(a) of the Companies Act 71 of 2008 (the Act) to promote compliance with the Bill of Rights in the interpretation and application of company law in SA, this article assesses the extent to which the Act actually does this. The article thus seeks to showcase evidence of the Act's intentional alignment with the normative framework of the Constitution of the Republic of South Africa, 1996 (the Constitution). The paper does this by answering the question: what are the implications of the Constitution's normative framework on the interpretation and application of the Act? The term "normative framework" is defined, and a distinction is drawn between the descriptive and explanatory social science research questions and the legal research questions which are evaluative and normative in nature. The article provides examples of the contexts in which the intentional alignment of the Act with the Constitution's normative framework is evident. To this extent, commentary is made on the following selected issues: remedies to facilitate the realisation and enjoyment of rights established by company law; the direct and indirect horizontal application of the Bill of Rights to provisions of the Act; and a discernible court's duty to develop the common law as necessary to improve the realisation of the rights established by the Act. A point is made in the article that judicial decisions involving the application of company law must be justified by reference to a cohesive set of values from the Bill of Rights. This is part of transformative constitutionalism. It demands that even commercial law principles should no longer be blindly accepted simply because precedent says so, or for the reason that it is expedient for the purposes of commercial certainty. The article argues that the Act permits the direct horizontal application of the Bill of Rights on its provisions in two stated ways. It is also argued that the Act permits the indirect application of the Bill of Rights through the development of the common law where it is deficient in promoting the spirit, purport and objects of the Bill of Rights. The development of the common law, it is argued, is vital for producing an incremental and cohesive body of constitutionalised common law in the company law context.

The concept of guarantees of realization of the constitutional freedom of the person for business activity in Ukraine

The article deals with the notion of guarantees of realization of constitutional freedom of an individual for business activity in Ukraine. The works of the authors are analyzed: K. Volynki, L. Voevodina, P. Glushchenko, M. Gurenko, S.Lysenkov, I. Magnovsky, O. Negodchenko, V. Pogorilka, P. Rabinovich, V. Sirenko, O. Skakun, V. Fedorenko and others. An analysis of the different positions of the authors regarding the guarantees of human and citizen’s rights and freedoms makes it possible to conclude that their characteristics are: a) common understanding (S. Lysenkov); b) places and roles in Ukrainian theoretical and legal thought (I. Magnovsky); c) the origins of the collectivist concept (M. Gurenko); d) protection (O. Negodchenko); e) roles in the mechanism of realization of rights and freedoms (L. Voevodin). They are considered as: a) legal (V. Pogorilko); b) legal (P. Glushchenko); c) general and special (P. Rabinovich, V. Sirenko, O. Skakun); d) general and legal (legal) (K. Volynka), etc.It can be argued that all authors do not deny the fact that guarantees of constitutional rights and freedoms are the conditions and means of ensuring their implementation. The guarantees of realization of the individual’s constitutional freedom for entrepreneurial activity in Ukraine are defined as enshrined in the norms of the Constitution of Ukraine, which have the highest legal force and detailed in the legislation of Ukraine, general social and legal conditions and means that create a favorable environment for the exercise of the said constitutional freedom, protect, protect, restore, and contribute to moral and material damages at the national and international levels.In accordance with the above criteria for the classification of guarantees of constitutional rights and freedoms of the individual and the citizen, we propose to distinguish the criteria for such classification depending on the group of rights and the group of freedoms, i. e. the allocation of guarantees of constitutional freedoms separately. Such a proposal is based on the availability of certain features namely the guarantees of the constitutional freedoms of a person and a citizen in Ukraine.