RIGHTS, FREEDOMS AND DUTIES OF MAN AND CITIZEN IN THE CONTEXT OF DOMESTIC CONSTITUTIONAL PROCESS. CURRENT TRENDS AND CHALLENGES

Abstract

The article deals with the pressing issues of the modern constitutional process in Ukraine, taking into account the totality of the most significant factors of political, legal, economic and security issues of the national legal reality. The author assesses the objective and subjective factors impeding the timely implementation of the necessary legislative, in particular constitutional, changes in the area of ensuring the fundamental rights of citizens, democratic foundations and mechanisms for supporting the fundamental processes of public life and implementation of Ukraine’s Euro-Atlantic course at the organizational, institutional, legislative, cultural and legal levels. The focus of this study is primarily on the problem of violation and insufficient protection of human and civil rights in the context of a combination of risks to state security, existential challenges at the national level, and at the same time long-term systemic problems of combating corruption, inadequate effectiveness of human rights mechanisms and the legal framework for the protection and defense of constitutional rights of citizens in Ukraine. The study reveals the most large-scale and acute challenges to national constitutionalism, which are analyzed in conjunction with the subsequent systematic assessment of the consequences and forecasting of possible risks to both the constitutional order of the State and the state of protection of constitutional human and civil rights. The article also examines the constitutional and general legal nature of certain restrictions on the rights of citizens under martial law, both in terms of expediency and given the destructive nature of individual, social and national consequences of perceiving and maintaining the rule of law. The author analyzes the possibility and correctness of classifying restrictions on the rights of citizens as means of protecting the constitutional order. The author presents and characterizes the legal and socio-psychological risks to the constitutional framework for ensuring human and civil rights in Ukraine, taking into account doctrinal developments, analysis of legal acts and programs, as well as statistical data on public reaction and perception of the introduced changes. The author examines examples of foreign models of improving and consolidating the democratic guidelines of the constitutional process, ensuring a fair balance of citizens’ rights and their legal restrictions, and preventing abuse of power by state institutions. The author proposes a comprehensive model for ensuring the development of domestic constitutionalism with strengthening the role of civil society and the legal environment in the key programmatic components of the constitutional process in Ukraine.