THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE最新文献

{"title":"The importance of law practice in achieving legal certainty regarding the grounds for disciplinary liability of a judge","authors":"T. Malashenkova","doi":"10.37491/UNZ.77.18","DOIUrl":"https://doi.org/10.37491/UNZ.77.18","url":null,"abstract":"In order to overcome the relevant problem, the Law of Ukraine «On the Judiciary and the Status of Judges» significantly changed both the grounds for bringing a judge to disciplinary responsibility and the grounds for applying the most severe measure of such responsibility – dismissal of a judge. The level of detailing of such grounds is quite high, both in terms of the certainty of such grounds, and in terms of proportionality between the type of disciplinary misconduct and the type of penalty to be applied for it.\u0000\u0000At the same time, the results of the analysis of the relevant legal provisions shows that they are not devoid of evaluative, vague concepts, such as «gross disregard for the duties of a judge», «gross violation of the law», «gross negligence», «significant negative consequences». Thus, the question arises whether the problem of uncertainty of the grounds for disciplinary liability of a judge has been conceptually resolved, or whether the relevant problem continues to exist despite significant legislative detail of the relevant grounds. Resolving this issue is the purpose of this article.\u0000\u0000The existence of wording in the legislation that does not meet the requirements of legal certainty, such as «gross negligence», «gross violation of the law» carries certain risks to the independence of judges, but the existence of such risks can not be considered a reason for the law refused to use them. This is due to the objective impossibility of formulating in the law an absolutely exhaustive list of grounds for disciplinary liability in general and grounds for dismissal of a judge in particular.\u0000\u0000Critical is the issue of forming a consistent practice of the disciplinary body, which would, firstly, form the criteria for understanding vague concepts, and secondly, would not allow different approaches to responding to the same misconduct of a judge.\u0000\u0000Keywords: disciplinary liability of a judge, grounds for disciplinary liability, legal certainty, evaluation concepts.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121829999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Clarity and legibility of legal norms as an element of legal certainty","authors":"G. Z. Ogneviuk","doi":"10.33663/2524-017x-2020-11-33","DOIUrl":"https://doi.org/10.33663/2524-017x-2020-11-33","url":null,"abstract":"The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122562835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interpretation of law as a form of implementation of the constitutional and legal policy of the state","authors":"V. Ternavska","doi":"10.33663/2524-017x-2021-12-54","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-54","url":null,"abstract":"The interpretation of law plays a special role in the process of legal communication. Subjects of law, entering into legal relations of a certain type, interpret the content of legal norms already at the subconscious level with the aim of better satisfying their subjective rights, realization of legitimate interests and the proper implementation of legal obligations. The rule of law has general and abstract character that permit to cover a large number of specific situations, but which always differ in their individuality, their personalized nature. Taking into account this, as well as the existing shortcomings of the rule-making process, such as the presence of the vast majority of blanket and reference norms in constitutional law and non-compliance with the rules of legal technique, resulting in difficulty of expression or lack of normative definition of special legal terms, there is a need for interpretation of legal acts.\u0000\u0000The article is devoted to determining the nature of the interpretation of law and its role in the implementation of the constitutional and legal policy of the state. Various methodological aspects of the concept of legal interpretation and techniques of interpretation of law, as well as the criteria of truth and correctness of interpretation of law in the process of learning the content of legal norms are studied. The ratio of the categories «legal interpretive policy» and «legal interpretive form of legal policy implementation» is analyzed.\u0000\u0000It is concluded that the state-authorized subjects of legal interpretation, based on legal doctrine, form a legal interpretive policy aimed at developing a strategy and tactics for unification of legal ideas on adequate and uniform understanding and application of norms of the Constitution of Ukraine and other legal acts by all subjects of constitutional law. The means of achieving the goals of legal interpretive policy and fulfilling its tasks are legal doctrine, legal interpretation technique, interpretive practice, information resources and legal interpretative acts.\u0000\u0000Legal interpretive policy gives grounds to single out legal interpretation as an independent form of implementation of constitutional and legal policy along with law enforcement form, which is important for proper protection of human rights and freedoms, development of civil society and principles of sovereignability of the Ukrainian state on the basis of their equal understanding and application.\u0000\u0000Keywords: interpretation of law, legal interpretative acts, legal interpretive technique, constitutional and legal policy, legal interpretive policy.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116800083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The scientific-legal doctrine and its influence on the law interpretation processes","authors":"A. Shevchenko, V. Antoshkina","doi":"10.33663/2524-017x-2021-12-16","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-16","url":null,"abstract":"The proposed paper outlines the main approaches to understanding of the scientific and legal doctrine and its constitutive features, as well as the influence on the law interpretation processes. The authors note that the scientific and legal doctrine not only defines the toolkit and approaches to the interpretation of legal texts, but forms the definitions, categories, conceptions, constructions which are used by legislators in creating regulations and by subjects of law which have to understand the true meaning of norms contained in such legal acts and implement in practice. The main provisions concerning the peculiarities of the doctrinal sources usage while judicial interpretation in different legal families are highlighted. The characteristic features of doctrinal interpretation, forms of its objectification and interconnection with judicial interpretation are determined. Particular attention is paid to the usage of doctrinal provisions in the legal interpretation by the Constitutional Court of Ukraine and the Supreme Court. The main forms in which the results of doctrinal interpretation are used in judicial activity are outlined: the functioning of scientific advisory councils, whose members provide their opinions on complex legal issues; involvement of an expert in the field of law to the court proceedings in certain cases provided by the current legislation. It is noted that during the court hearing of the case while the formation of a legal position the possibility to refer to the opinion of authoritative Ukrainian legal scholars is not typical and acceptable for the domestic legal system. It is noted that many authoritative lawyers, scientists with academic degrees and titles, who are also engaged in scientific activity, have worked and still work as judges, especially of the Constitutional Court of Ukraine. This practice is especially valuable because a judge is able to apply the results of his/her scientific work in interpreting the law in the process of judicial activity and at the same time to use his/her practical experience in scientific research. The authors of the paper cover issues related to the use of «judicial doctrines» and the solution of «exceptional legal issues», which are relatively new to domestic jurisprudence. The interconnection of these concepts with legal doctrine is determined. It is established that although the current legislation provides for certain ways of using doctrinal provisions and the results of doctrinal interpretation in law enforcement practice, but this process is not developed enough and needs further clarification.\u0000\u0000Keywords: scientific-legal doctrine, legal interpretation, doctrinal interpretation, judicial doctrines, exceptional legal problem.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124863825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The influence of unofficial interpretation through public opinion on the formation of the idea of legality, justice and law","authors":"R. Lutsky","doi":"10.33663/2524-017x-2021-12-14","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-14","url":null,"abstract":"Relevance of the study is caused by the often usage of the term «legal state» at the modern stage of the development of our society. With this some authors refer to the desire to emphasize that declaring itself as sovereign and independent Ukraine become at the same time the legal state and the other authors want to prove that the construction of such state is a matter for the longer term. Due to the article 1 of Constitution of our state, Ukraine is a sovereign, independent, democratic, social, legal state. But the realities of today clearly demonstrate that it is only a declaration. Ukraine is not a law-governed state, since it needs to overcome the number of problems that prevent it from being law-governed.\u0000\u0000Formation of legal state in Ukraine is extremely difficult multifaceted process that includes not only formation of the authority structures that are able to ensure the compliance with the law and citizens’ rights but also the availability of a wide range of political parties and movements, social groups and strata with specific interests particularly in legal, political, social, economic behavior.\u0000\u0000Legal state is such a sovereign state that functions in the civil society and where by legal means the real protection of fundamental rights and freedoms of man and citizen are provided. It is based on the certain principles, the most important of which is the rule of law, separation of powers, the reality of the rights and freedoms of man and citizen, legality, the presence of high legal culture of citizens.\u0000\u0000Overcoming the deformation of legal consciousness and creation of condi- tions for improving of legal culture of population, active and conscious participation of citizens in the implementation of reforms today are the primary tasks of society and the state towards the development of civil society and legal state in Ukraine.\u0000\u0000Keywords: law, positive law, natural law, society, rule of law, legal environment, interpretation of law, sovereign state, Ukraine.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123290751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal technique of interpretation of the law: theoretical and legal aspecks","authors":"Zh. O. Dzeiko","doi":"10.33663/2524-017x-2021-12-10","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-10","url":null,"abstract":"In her work, the author proposes a system of means, methods, techniques and rules for the exercise of legal activity by subjects of law to understand and, if necessary, to explain the content of the law, aimed at obtaining a legal result.\u0000\u0000It is true that the main features of legal technology for the interpretation of norms of law are: it is a relatively autonomous element of the legal situation, which derives from its qualitative and quantitative characteristics; The essence of the legal technique of interpreting norms of law is that it corresponds to the essence of the law and the level of development of the legal system; its application is carried out as a result of the thoughtful, willful activity of subjects of law; The content of the legal technique for interpreting the law includes a system of means, means, techniques and rules for understanding and, where necessary, explaining the law; In the form in which its content is expressed, the legal technique of interpreting the rules of law is embodied in certain means, methods, techniques and rules; the legal technique of interpreting the rules of law may be classified into types; The role and importance of the legal technique in the interpretation of norms of law is revealed in the law-making and in the implementation of norms; the legal technique of the interpretation of norms of law is mainly based on the achievements of the legal science, namely the theory of law; The application of the legal technique to the interpretation of the law must be within the limits of the law.\u0000\u0000The legal technique of interpreting the norms of law should serve to affirm, safeguard and realize human and civil rights and freedoms. The essence and social function of legal technology in the interpretation of norms of law is manifested in law-making and in the implementation of norms of law.\u0000\u0000Keywords: rule of law, law-making, realization rule of law, interpretation rule of law, legal technique, legal technique of interpretation of the law","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122730149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect","authors":"А. А. Marzhyna","doi":"10.33663/2524-017x-2021-12-46","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-46","url":null,"abstract":"The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary. \u0000\u0000This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary. \u0000\u0000It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union.\u0000\u0000Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary:\u0000\u0000first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions;\u0000secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates\u0000the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and\u0000the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc.\u0000In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify th","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129162832","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role and meaning of the state in neoconservatism","authors":"V. V. Serediuk","doi":"10.33663/2524-017x-2021-12-39","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-39","url":null,"abstract":"Neoconservatism as an ideological and political-economic system of knowledge contains a number of ideas about the role, tasks, purpose and meanings of the modern state, its relationship with social institutions (family, church, NGOs), as well as its role in economic relations. American neoconservatism, in contrast to British or German, is also characterized by attention to the foreign policy function of the state. \u0000\u0000Reconsideration of the role, tasks and significance of the state in various spheres of society and in international relations in modern conditions determines the relevance of our study of this issue.\u0000\u0000Neoconservatism, the ideas of which were implemented in the policies of the conservative parties of the United States, Great Britain, and Germany in the 1970-1990s, continues to influence the implementation of national and international policies of various states to this day. Neoconservatism, unlike neoliberalism, offers a different understanding of the role and meaning of the modern state.\u0000\u0000Traditional values are ideologically substantiated and promoted: family, religion, morals, community, and the state. An important place in neoconservatism is given to social institutions, the need to overcome isolation of the individual from the institution of community (religious, social, government). The integration of the individual into social institutions and the return of the importance of the state authority in the worldview of the individual are considered priorities of state influence.\u0000\u0000American neoconservatism substantiates the US foreign policy function – to protect the democratic values in international relations. \u0000\u0000In the economic sphere, neoconservatives insist on reducing government intervention in market relations, returning to the ideals of classical economic liberalism, and taking a number of fiscal and monetary policy measures to reduce inflation, unemployment, and stimulate economic development.\u0000\u0000Although neoconservatism recognizes the need to build a strong state, it is not seen as authoritarian, encroaching on,restricting or abolishing human and civil rights and freedoms recognized in democracies after World War II. However, freedom is understood as a sphere of free behavior of the individual, which exists in relations with other members of society and is limited by the freedom of another person.\u0000\u0000Keywords: neoconservatism, state, role, individual, social institutions, traditional values, intervention, economy, law.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121455871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Formation of civil society in modern conditions","authors":"D. Akulenko","doi":"10.33663/2524-017x-2021-12-18","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-18","url":null,"abstract":"The article presents a theoretical generalization and the task of revealing the content of the process of formation of civilsociety in modern conditions, and determination of the essence and modern functions of civil society on their basis are presented in the article. The article contains an analysis of the concept of civil society taking into account the modern interpretation. Highlighted problems of formation and development of civil society through the prism of the need for the existence of such a society to ensure Ukraine as a democratic, social, legal state are highlighted. Ways of formation of a civil society according to the undertaken duty of the state before citizens concerning development of the country on the European rails are offered.\u0000\u0000Keywords: civil society, public administration, state management, state, mechanisms.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131629222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights. Protection and enforcement","authors":"V. Vynokurov","doi":"10.33663/2524-017x-2021-12-24","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-24","url":null,"abstract":"The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking into account, inter alia, their lexical meaning. It is determined that everyone, on the one hand, should be able to freely choose the way to protect their rights, and on the other – must be sure that the state guarantees equal opportunities for everyone, regardless of race, language, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, etc., to use these methods of protection. The role and importance of public authorities in the process of protection and enforcement of human rights and freedoms and the state responsibility to the individual as an integral part of ensuring constitutional human rights are also defined. It is concluded that an integral part of constitutional human rights enforcement is certainly the existence of an effective and efficient mechanism of legal responsibility of the state to the individual.\u0000\u0000Keywords: human rights, protection of human rights, human rights enforcement, public authorities, state responsibility.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"181 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114376333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}