Law Journal of the National Academy of Internal Affairs

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Vol. 8, No. 1, 2018
  • rights and freedoms of a human being; Constitution of Ukraine; principle of justice; judicial protection of rights; legal status; violation of a victim’s rights.
  • Pages 242-253

The article is devoted to the enlighting of a problem of constitutional rights and freedoms of human being in the modern Ukrainian justice observance. Basic principles that are based on substantive provisions of Constitution of Ukraine and that must provide the sphere of interests, rights and freedoms of a human being and a citizen are considered. On the basis of comparative analysis of the separate authorial conceptions, represented in scientific literary sources, community and difference of modern legal ideas are established in relation with accordance of practice of justice to the constitutional requirements. The special attention is paid to the observance of rights and freedoms of criminal offences’ victims. On the basis of data of correlation of citizens statements about a feasance in relation to them, crimes and reacted on the statements of law enforcement authorities, conclusions that constitutional rights and freedoms of citizens are violated are made. Statistics (2006-2017) of judicial trials of criminal cases is analyzed in relation to withdrawal of court decisions and researching ther validity of failure to observe rights and freedoms of the injured persons. The decline of indexes during the last years does not show the efficiency of the justice reacting on the facts of violation of human beings’ rights and freedoms, it is related only to the change of methodology of accounting the offences. It is established that the problem of the victims’ rights to be protected from offences needs its decision at the highest level which is to be able to guarantee rights, freedoms and legal interests of a human being in Ukraine.

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