JUDICIAL PROTECTION OF ECONOMIC HUMAN AND CIVIL RIGHTS IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 44)Publication Date: 2021-10-31
Authors : Skrynkovskyy Ruslan; Hlushchenko Svitlana; Khmyz Mariana; Serdiuk Valentyn; Tsyuh Svyatoslav; Horbonos Fedir;
Page : 88-95
Keywords : court; judicial protection; law; economic law; human rights and freedoms; citizen;
Abstract
The article reveals the features of the implementation of judicial protection of economic human and civil rights in Ukraine on the basis of theory and practice. It has been established that the provision of judicial protection of human and civil rights and freedoms in Ukraine is regulated by the provisions of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the provisions of other legislative and regulatory documents. It is determined that ensuring the rights, freedoms and legitimate interests of a person is the main duty of Ukraine as a democratic state governed by the rule of law. It has been established that the rights and freedoms of man and citizen must be protected by the court. It has been proven that there is no restriction on persons who can apply for the protection of their rights, freedoms and interests in the judicial branch of government, however, a person who receives the right to go to court has no guarantees that he will be provided with pro‑ tection and application on this basis of a number of procedural procedures. It has been established that the right to obtain judicial protection should be based on satisfaction by court of the requirement of material and legal character that the subject put forward to the person who violated the rights of this subject and/or interests protected by law. It has been established that the provision of judicial protection of the economic rights and freedoms of a person and a citizen consists in the fact that such provision should proceed from guarantees provided by the state, therefore everyone has the right to apply to specially authorized public authorities in accordance with the current constitutional order to protect their economic rights, freedoms and interests. It is noted that the right to judicial protection of economic rights and freedoms of man and citizen is the right to a comprehensive and open trial, so everyone has this right and it is not affected by participation in the trial or the specifics of the case. It is noted that the prospects for further research in this area are to study the features of judicial protection of social rights and freedoms of man and citizen in Ukraine.
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