INNOVATIVE CONSTITUTIONAL FOUNDATIONS FOR ENSURING OBSERVANCE AND RESTORING THE LEGAL STATUS OF CITIZENS IN THE CONTEXT OF DEVELOPMENT OF EUROPEAN INTEGRATION PROCESSES: PART 1

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 right, freedom, obligation and interest as the basic categories of the legal status of citizens is revealed. It is emphasized, that the right in this aspect should be understood as the possibility of a certain sociosubject to take advantage of a specific positive result of social development, when a negative result in social development can become such an opportunity only if there is a National Program for the complete eradication of this negative result or, at least, the maximum possible minimization his level. The limits of legality and a three-level mechanism for realizing the competitive legal status of various sociosubjects are proposed. It is emphasized, that the basic constitutional duty of the state should be understood as the most efficient, rational and high-quality knowledge, recognition, provision, compliance, immediate prevention of violations of the legal status of citizens and its restoration as fully as possible, as well as the inevitable attraction of the guilty person to the appropriate type and the nature and appropriate degree of severity of juridical responsibility. The essence of each of the five degrees of inadmissibility of deterioration of the content and/ or scope of the legal status of citizens and other sociosubjects is revealed.