Journal article Open Access

Concurrent Innovative Constitutional Powers of Prosecution Office and Anti-Tort Bodies Regarding Ensuring and Restoration of Legal Status of Individuals and Other Social Subjects

A.K. Vinogradov

The article proposes the versions of articles of the future Constitutional Code of Ukraine and other states. The article provides five stages of inadmissibility of violation of legal status of social subjects, essence and mechanism for implementation of their competitive legal status and the set of other provisions on ensuring and observance of legal status of social subjects. 

The essence of rights, freedoms, duties and interest as basic categories of legal status of individuals, legal entities, the state and inter-governmental institutions which are represented by individuals and legal entities have been investigated.

Attention has been drawn to the first stage of absolute inadmissibility of aggravation of the content and/or the set of manifestations of legal status of the person which are included in the highest social values. The author investigates the second state of absolute inadmissibility of aggravation of the content and/or the set of manifestations of legal status of social subjects comparing to certain relationships according to the highest legal act. The article focuses on the third stage of relevant inadmissibility under regular circumstances of aggravation of the content and/or the set of manifestations of legal status of social subjects. The fourth stage of admissibility deals with exceptional and temporary aggravation of the content and/or set of manifestations of legal status of social subjects which are not included in the highest social values. The author also investigates the fifth stage of absolute inadmissibility of retroactive aggravation of the content and/or the set of legal status of social subjects.

It is proposed to provide in one of the articles of the Constitutional Code of Ukraine the essence and exhaustive list of general legal circumstances which dismiss antisocial activity and guilt of the person as well as aggravating and mitigating circumstances. 

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