Систематика судового захисту у світлі зобов’язальної природи прав людини.

Abstract

Savchyn, Mykhailo. Taxonomy judicial remedies in the light of the binding nature of human rights. The article is reveals the binding nature of human rights, which makes taxonomy judicial remedies. The Constitution defines the basic guarantees of a democratic constitutional state, which are embodied in ensuring the human rights and freedoms through independent and impartial court. On the basis of comparative analysis the nature of the constitutional complaint and impact the practice of consideration by the jurisprudence of courts of general jurisdiction also makes certain demands on the organization of the Constitutional Court of Ukraine. Value content of constitutional justice obstruct allow for arbitrary actions of legislators and executive authorities, which are criterion non-violation and inalienability of human rights and fundamental freedoms. Grounded position that introducing the institute of constitutional complaint determines of necessitates the implementation of prejudicial inquiry. And audit of understanding the concept of appeal and cassation review of judicial decisions. In accordance with the principles of legal certainty as an element of the rule of law prejudicial inquiry is aimed at ensuring the uniformity of jurisprudence in various stages of litigation different categories of cases. It was formulated of suggestions on the principles of the court of cassation, which should be aimed at resolving fundamental problems in national law. Key words: appeal, human rights, cassation, constitutional complaint prejudicial inquiry jurisprudence.