Judicial protection of human rights in constitutional law of foreign countries: experience of comparative research (on the example of a number of states of the former USSR)

Автор: Volchenko O.Yu.

Журнал: Ex jure @ex-jure

Рубрика: Публично-правовые науки

Статья в выпуске: 1, 2024 года.

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The article is devoted to a comparative legal study of a number of problems related to the judicial protection of human rights in the constitutional law of a number of states of the post-Soviet space. The author proves that the catalog of principles of judicial protection of human rights and freedoms, presented in the constitutional regulation of the countries of the former USSR, includes unconditionality, impartiality, citizenship, reliability, accessibility, competence, due process, non-interference, independence, impartiality, inviolability, irremovability, public trust, publicity, reasonableness, restraint, proportionality, competitiveness, fairness and efficiency. The experience of constitutional regulation of the right to judicial protection in the countries of the former USSR demonstrates the legislator’s special attention to the formulation of powers arising from this subjective right: the right to appeal, the right to appeal, the right to freedom of procedural actions, the right to be heard, the right to present and refute evidence, the right to protection from arbitrariness, the right to an explanation of rights, the right to decent treatment, the right to restoration of rights, including the right to compensation for harm caused. From the point of view of constitutional and legal regulation of these social relations, it is advisable to study and analyze the principles and formulations, authorizing and binding norms, approaches and legal provisions developed by other states and peoples. This has a positive effect on the further development of the domestic state and law, if a reasonable-critical approach is supported and the diversity of constitutional and legal circumstances existing in the modern world is taken into account.

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Constitutionalism, judicial protection, human rights, constitutional principles, rule of law, due process

Короткий адрес: https://sciup.org/147243419

IDR: 147243419   |   DOI: 10.17072/2619-0648-2024-1-48-65

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