Open AccessConstitutional regulation of the principle of equality of rights and freedoms of man and citizen in Ukraine and the countries of continental Europe: comparative legal analysis
Author(s) -
Yuriy Kyrychenko,
V.V. Kyrychenko
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-3-7-15
Subject(s) - constitution , fundamental rights , human rights , law , political science , state (computer science) , inequality , gender equality , bill of rights , social equality , constitutional right , sociology , law and economics , mathematics , gender studies , mathematical analysis , algorithm
The article considers the principle of equality, which is discussed in Part 4 of Art. 13; st.st.21, 24; Part 2 of Art.38; Part 2 of Art.43; Part 1 of Art.51; Part 1 of Art.52; Part 1 of Art.71; Part 2 of Art. 129 of the Constitution of Ukraine and is mentioned in most constitutions of European states, and it is proved that it is not only a principle of constitutional law, but also one of the fundamental principles on which human rights and freedoms are exercised and their place in society and state is determined. It is noted that the terms «equality» and «equality», although used interchangeably to denote the full range of rights and freedoms, are not identical. Equality is a broader concept than equality and includes the latter. It is proved that in Art. 24 of the Constitution of Ukraine identifies three main aspects of this principle: 1) equality of citizens in rights; 2) equality of citizens before the law; 3) equality of rights of women and men, and it is emphasized that the state provides only legal, formal equality between people. That is, there is no and cannot be actual equality between people, because everyone differs in their individual abilities. Therefore, the analyzed principle legally justifies the actual inequality between people. It is substantiated that the provision, which is enshrined in Part 1 of Art. 24 of the Constitution of Ukraine guarantees only the equality of citizens before the law and their equal rights and freedoms. At the same time, there are examples that this principle applies to every person who is enshrined in the constitutions of continental Europe by the term «all», «all people» or a term meaning nationality (Belgians, Greeks, Spaniards, Luxembourgers, Monegasques). In this regard, it is proposed to replace the term «citizens» in the analyzed part with the term «all people», as well as to remove the word «constitutional» from the terminological phrase «constitutional rights and freedoms». It is emphasized that there can be no privileges or restrictions on the grounds listed in Part 2 of Art. 24 of the Constitution of Ukraine (eleven in total). The same and other similar features are enshrined in the constitutional market in 25 of the 42 European states belonging to the Romano-Germanic system of law. It is concluded that it is necessary to strengthen the wording of this part through the establishment of guarantees by the state. In Part 3 of Art. 24 of the Constitution of Ukraine reflected the provision, which separately emphasizes the equality of women's and men's rights through the consolidation of requirements, conditions and benefits, ie proposed a wording that does not have the vast majority of continental Europe. And therefore it is offered to state this part in other way. The expediency from the point of view of logic and legal technique, and also taking into account the constitutional practice of foreign countries and researches of domestic scientists of statement of Art. 24 of the Constitution of Ukraine in a new edition, which will give it the opportunity to have a more perfect look.