INNOVATIVE CONSTITUTIONAL FOUNDATIONS FOR ENSURING OBSERVANCE AND RESTORING THE LEGAL STATUS OF CITIZENS IN THE CONTEXT OF DEVELOPMENT OF EUROPEAN INTEGRATION PROCESSES: PART 2

Abstract

The most relevant in the context of European integration processes, innovative revisions of a number of articles of the prospective Constitutional Code of Ukraine or another country are proposed in terms of the most effective, rational and qualitative knowledge, recognition, provision and observance of the legal status of citizens, prompt prevention of violations of this legal status and, in the case of violations, the maximum possible restoration, as well as from the inevitable bringing of the guilty person to the appropriate type, nature and appropriate degree of severity of juridical responsibility. In this aspect, the essence of the illogicality of using the rights, freedoms, duties and/or interests of one person at the expense of the corresponding violation of a certain basic category of the legal status of another is revealed. It is emphasized, that the deterioration of the legal status of social entities is: a) narrowing of the existing content and/or scope of rights and/or freedoms and/or interests of individuals and/or legal entities or unbalanced expansion of the content and/or scope of their duties; b) expansion of the existing content and/or scope of rights, freedoms and/ or interests of the state and/or interstate entities or unbalanced narrowing of the content and/or scope of their duties. But it is not a deterioration or improvement of the legal status of individuals and/or legal entities to expand the existing content and/or scope of duties of individuals and/ or legal entities or to narrow the content and/or scope of duties of the state and/or interstate entities, which is balanced by the appropriate expanding the content and/or scope of the rights, freedoms and/or interests of individuals and/or legal entities. An innovative understanding of the highest social values and the limits of their violation in the presence of only certain exceptional circumstances is proposed. The essence and comprehensive list of general legal reasons, that exclude the antisociality of an act, as well as circumstances, that exclude or mitigate or aggravate the guilt of a person, who committed an antisocial act, is revealed.