Journal article Open Access

National Constitutional Basics of Powers of Authorities Regarding Ensuring, Observance and Restoration of Legal Status of Individuals and Other Social Subjects

N.V. Dombrovan

The article deals with a comparative analysis of national constitutional basics of exercise of powers regarding ensuring, observance and restoration of legal status of individuals and other social subjects by authorities and other state bodies.

Attention has been drawn to constitutional regulation of essence of that citizens’ legal status which is included in the highest social values of the state. Legal regulation of the main responsibility of the state and its bodies has been provided. Peculiarities of effective legal regulation of the procedure for exercise of power by people have been highlighted.

Regulation regarding inadmissibility of aggravation of legal status of citizens and retroactive law which aggravates legal status of citizens has been considered. In this context, attention has been drawn to the lack of legal competence of the respective constitutional norm and the decision of the Constitutional Court of Ukraine which connects the retroactive law only with criminal proceedings and only against individuals.    

Special attention has been focused on the initial version of Ukrainian Main Law regarding the powers of prosecution office comparing to the provisions of the effective version of the law of Ukraine ‘On Prosecution Office’ and further transformation of prosecution bodies from the attribute of statehood to the private attribute of justice. This limitation of powers of the prosecution office which by its nature has to supervise compliance with laws and legal status of citizens contradicts the basic provisions of the Constitution of Ukraine particularly its part which obliges the state to approve and ensure the rights and freedoms of citizens and in part of powers of the President who should be the guarantor of the observance of the Main Law and citizens’ legal status using all the means established by law.   

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