Implementation of the provisions of the Universal Declaration of Human Rights in the mechanism of constitutional and legal responsibility in Ukraine
DOI:
https://doi.org/10.15330/apiclu.65.1.12-1.21Keywords:
Universal Declaration of Human Rights, responsibility, social responsibility, socio-legal responsibility, legal responsibility, constitutional-legal responsibility, political responsibility, mechanism of constitutional responsibility, mechanism of responsibility for the implementation of the Universal Declaration of Human RightsAbstract
This article examines the problem of implementing the provisions of the Universal Declaration of Human Rights of 1948 in the state legal system of Ukraine through the mechanisms of constitutional and legal responsibility. The author noted that such aspects as basic human rights and freedoms are recorded in this act; obligations of states in this area; mechanisms for the realization of rights and freedoms at both the international and national (state) levels; the responsibility of states that have ratified the Universal Declaration of Human Rights for the implementation of its provisions.
The main emphasis is placed on the mechanism of implementation of constitutional and legal responsibility as a set of interconnected normative, institutional, functional and ideological elements (autonomous subsystems), which ensure the conscious use of one’s rights, performance of duties, compliance with prohibitions, and in case commission of a constitutional and legal delict – application of constitutional and legal sanctions for the purpose of ensuring constitutional legality, discipline and law and order.
In the author’s opinion, despite the implementation of international legal norms, which are the basis of the content of the Universal Declaration of Human Rights, into the domestic legislation of Ukraine through various legal mechanisms, including the mechanism of constitutional and legal responsibility, there is a significant difference between the normative level of their consolidation (de jure) and the actual state of existing legal relations (de facto). Here, the main reason, in our opinion, is the insufficient application of organizational mechanisms in the system of constitutional and legal responsibility in Ukraine, as well as the insufficiency of domestic civil and external international control over the implementation of the provisions of the Universal Declaration of Human Rights.
