INALIENABILITY OF HUMAN RIGHTS UNDER THE CONSTITUTION AND THE CIVIL CODE OF UKRAINE

The Constitution of Ukraine establishes that the rights and freedoms of an individual and their guarantees determine the essence of the spirit of the state. Unlike the slogan “The human being is for the state”, the Constitution of Ukraine states that “The state is for the human being”.And so the establishment and guarantee of human rights and freedoms is one of main duties of the state, and this is natural, as the human being, his\her life and health, honour and dignity, inviolability and security are recognized in Ukraine to be the highest social value (Article 3 of the Constitution of Ukraine).

About 30 per cent of the articles of the Fundamental law of Ukraine belong to the chapter “Human Rights and Freedoms and Duties of the Citizen of Ukraine’. It is worth recognizing that in the Constitution the very notion of human rights has been changed – from the rights given to him\her by the state to the rights and freedoms that every individual is endowed with just by the fact of his\her birth and existence that makes human rights and freedoms inalienable and natural.

The bodies which guarantee the fundamental rights and freedoms stipulated by the Constitution are: the Verkhovna Rada of Ukraine, the President of Ukraine, the Authorized Representative of the Verkhovna Rada of Ukraine on Human Rights, the Cabinet of Ministers, and other bodies of central executive power, the Constitutional Court of Ukraine, offices of the Prosecutor General, courts, local power and local self governments, advocates offices and other law-enforcement bodies.

The Verkhovna Rada of Ukraine adopted the new Civil Code of Ukraine (2003), which came into force in 2004. The Civil Code is the second main law of the country after the Constitution. According to the norms of the new Civil Code, actions of the state executive bodies, bodies of local self government, other institutions, officials and high level civil servants which violate the personal non-property rights, should be considered as actions against the law.

The Civil Code gives the possibility for physical entities to defend their personal non-property rights, in case the latter are violated, indicating that these rights can be protected by all civil and legal means, as envisaged by the existing legislation.

Among others, the following personal non-property rights which provide for the social existence of the physical entity are mentioned: the right to have a name, right to respect, honour and dignity, right to individuality, right to personal life and its privacy, right to information, right to confidentiality of correspondences, right to a place of residence, right to inviolability of housing, right to freedom of movement, right to freedom of association into unions, right to peaceful meetings, etc.

The issue of human rights is one of the important ones in national legislation. Adherence to the same is an indicator of a state where there is rule of law, and democracy. Respect to every human being should be something natural, and human rights as inalienable should be considered fundamental of all values set forth by the Constitution and other laws of the state.

Поиск по сайту: