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Article Phenomenon of Rights and Freedoms of Man and the Citizen (Theoretical Legal and Constitutional Issues)
Authors
Shapoval V.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2 / 2015
Pages 24 - 45
Annotation The article describes the concept of rights and freedoms of man and the citizen in their relationship. Foundation of regulatory requirements affirming the idea of legal state and rule of law due to the status of man and the citizen is commented. Relevant case-law of the Constitutional Court of Ukraine is analyzed. The attention is paid to the principles of freedom and equality, their interpretation in modern legal comprehension as well as defects of such interpretation. The establishment of rights of man and the citizen as subjective ones is studied. The significance of legal guarantees for rights is emphasized. The nature of social and economic rights with a view to the ideas of social state is determined.
Keywords human rights, rights of the citizen, guarantees for rights, freedom, equality, restriction of rights, legal state, rule of law.
References
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