Constitutional status of human and citizen: optimization capabilities

The article argues the necessity of optimizing the constitutional status of human and citizen rights in Ukraine. To solve the problem Lviv Laboratory of Human and Civil Rights of the Research Institute of State Building and Local Self-Government of Ukraine NALS developed specific regulatory proposals for improving the provisions of more than 60 articles of the current Constitution (primarily, almost all of its articles in Section II), which are set out in published work. Here were used ideas of some of the committee members of the Constitutional Assembly on the rights, freedoms and responsibilities of human and citizen, expressed at its meetings during the 2012–2013 years. The proposals were developed in the following areas: – Bringing the Constitution to better comply with international human rights standards (in particular, by including them in the text; it additions by latest ratified international instruments of the United Nations and the Council of Europe; indicating the need to consider the practice of
international jurisdictional bodies use of international instruments on human rights); – When attaching the Constitution all rights and freedoms (especially economic, social, cultural) to include references to the relevant positive obligations of the State to ensure each of them; – Foundation of possible restrictions on the rights of man and citizen adjusted so that they are not wider than those identified in the international treaties ratified by Ukraine; – To specify in certain articles of the Constitution the names of carriers (beneficiaries) of certain types of rights, based on socio-anthropic nature of relevant stakeholders in particular, «man», «citizen», «person», «union», etc. Justified innovations of legal status of various subjects relate, inter alia, to: inalienability,
inviolability, inexhaustible fundamental – enshrined in the constitution – rights and freedoms (Article 21); compliance with international treaties ratified by the Verkhovna Rada of Ukraine, the principles and reasons of restriction of rights and freedoms, the legitimacy of such limitations (Article 22) to life, health and safety (Article 27); liberty and security (Article 29); freedom to express own views (Article 34); peaceful assembly without arms and rallies, marches and demonstrations (Article 39); adequate standard of living for himself and his family, which includes adequate food, clothing, housing (Article 48); full reimbursement by the state or local authorities for material and moral damages caused by unlawful decisions, actions or inaction of public authorities, local governments and their officials and officers in the performance of their duties.