The Right of Human Dignity through the Prism of Decisions of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany

The article analyzes the approaches to determining the nature and features of the right of human dignity, as well as its place in the human and citizen's rights through the prism of decisions of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany.

During the research, a wide range of general scientific and special-legal methods of scientific knowledge were used, in particular: the method of dialectical logic, comparative-legal, formal-legal and system-structural methods.

The analysis of the national and German legal literature on human dignity, as well as the decisions of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany, were important for the achievement of this goal.

It is stated that for the first time the Constitutional Court of Ukraine has placed among the public authorities of Ukraine the right emphasis both in the understanding of this human right and in determining its role and place in the human rights system in Ukraine. The Constitutional Court of Ukraine defined this human right as the foundation for all other constitutional rights, measured the definition of their essence and the criterion of the admissibility of possible restrictions on such rights. Unfortunately, the lack of experience and developed national doctrine on fundamental human rights does not allow the Constitutional Court of Ukraine to go further in determining the legal nature of this human right and its individual characteristics. In this part, the standard may be the practice of the Federal Constitutional Court of Germany, which in its decisions has developed the doctrine of the right of human dignity.

The study concludes that the Federal Constitutional Court of Germany has formed a number of fundamental ideas that are important for understanding the essence of the right of human dignity and its place in the system of human rights and the rights of the citizens. The main ones are: everyone has the same dignity; the dignity of each person to enjoy the same constitutional protection regardless of their life expectancy; a person should always be regarded as a subject in all state procedures and never as an object; human dignity is protected after a person dies; human dignity takes a leading position in the system of constitutional values.