Права людини у світлі конституційної реформи

Abstract

The article reveals the nature of human rights in relation to the principle of equality, freedom, respect for human dignity, based on which formulated a number of proposals for amendments to the Constitution of Ukraine. Legal structure of negative and positive obligations of the state in this area in the light of the principle of proportionality is formulated. Human rights are analyzed through the prism of individual freedom as the ability of certain responsible choice; through the prism of equality of opportunity and non-discrimination; human dignity as a decisive solution to the state in sphere of human rights that are established at values of the individual. On this basis, proposed in Article 3 of the Constitution of Ukraine the new wording duties of the state to protect human dignity. In the context of the duty of the State to protect the human rights are reveals of the content essence of human rights. Human right is a legitimate requirement for of the State on the basis of which the state has negative and positive duties concerning protection interference in the private sphere, which is restricted under the principles proportionality. That interference is not encroach upon the essence of the content of human rights, restrictions must be balanced and not to impose arbitrary obstacles under which human right was difficult to implement or their implementation lost its useful effect. Horizontal effect of the Constitution are disclosed, which defines the quality of legislation in the field of public and private law, acting on understanding the essence of the content of a fundamental right. On this basis are formulated requirements for the quality of legislation, administration and justice, as well as proposals on the content of certain provisions of the Constitution of Ukraine.