THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.