Journal article Open Access

Public-Legal Measurement of the Human Dignity Right in Ukraine

M.H. Kravchenko

The article is devoted to the study of public and legal support of human dignity in Ukraine. The article analyzes the normative regulation of this fundamental human right at the level of the Constitution of Ukraine, laws of Ukraine and decisions of the Constitutional Court of Ukraine. Separately, domestic and foreign studies are devoted to the legal study of human dignity.

On the basis of the conducted research it is found out that legal relations arising from guaranteeing, securing and protecting the right of human dignity are regulated by the norms of public (constitutional, administrative and criminal) and private (civil) law. At present, public-law regulation of the human dignity right in Ukraine is truncated, since the Constitution of Ukraine does not specify the directions of guaranteeing, ensuring and absolute protection of this fundamental human right, and the Criminal Code regulates only certain aspects of its protection.

Strengthening public-law protection of the human dignity right should be done first and foremost by improving the legal regulation of this fundamental human right. We propose to adopt a special law on the protection of human dignity, which should become the legal basis for the protection of this fundamental human right by the state and individuals. In addition, it is necessary to make changes to Art. 28 of the Constitution of Ukraine and change the constitutional formula "respect for human dignity" to "absolute protection of human dignity".

Human dignity should be central to the system of constitutional values. We propose to introduce in Ukraine a system of constitutional values, which is now embodied in Germany and provides for the division of such values into: a) intact (human dignity) and b) those that may be interfered with and restricted in cases defined by law (human life, her health, human freedom, property, etc.). Given this, we propose to amend Art. 3 of the Constitution of Ukraine and normatively establish in it an appropriate system of constitutional values.

 

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