General permissive type of legal regulation and practice of the Constitutional Court of Ukraine

The purpose of this work is to identify legal means of ensuring the rule of law and to study the institutional role of constitutional justice in this process. The instrumental potential of the general permissive type of legal regulation for the implementation of the idea of rule of law in general and law-limiting activity in particular as being under the care of the body of constitutional jurisdiction has been clarified. In the course of the analysis of the decisions of the Constitutional Court of Ukraine on the subject of guaranteeing the rights and freedoms of subjects of law, manifestations of the general permissive type of legal regulation were established: 1) substantive (rights / freedoms, legal interests of the individual and other subjects, their grounds for limitation); 2) formal (legal permits, legal obligations and legal prohibitions, independently or in a certain ratio, constituting the construction of a general permit). The areas of such regulation are identified and characterized: a) subject, defined through the objectification of freedom and its concretization in subjective rights; b) functional, due to different ways of exercising freedom, declared by the Constitutional Court of Ukraine; c) subjective, which includes not only individuals but also other legal entities (political parties, public organizations, Ukrainian people) and encourages the study of the competition between the general permissions of these subjects. Possibilities of obtaining a general permit (legal authorization, obligations, prohibitions that allow for the function of limitation, reinforcement, guarantees of freedom) as additional methodology for the Constitutional Court of Ukraine to assess the essence of the rights and freedoms of legal entities with a view to their maximum preservation and protection are substantiated 

freedom, rights and freedoms, democracy, law-limiting activity, legal means, the Constitutional Court of Ukraine