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Karpachova, N. .
    Impact Of Direct Effect Of Constitutional Norms And Practice Of The European Union On The Efficiency Of Human Rights’ Realization And Protection [Текст] / N. Karpachova, O. Dobrianska, O. Punda, I. Protsiuk, Y. Zhuravel, N. Chudyk, O. Korotun // Journal of Legal, Ethical and Regulatory Issues. - 2021. - Vol. 24, Spec. Iss. 1. - P. 1-8
   Перевод заглавия: Вплив прямої дії конституційних норм та практики Європейського Союзу на ефективність реалізації та захисту прав людини

УДК	342.4(477)

Аннотация: It has been emphasized that the norms of the Constitution of Ukraine and the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms are correlated in structure, form of action and features of application that allows determining the conceptual features for the formation of the mechanism of realizing and applying the Constitution of Ukraine as norms of direct effect. It has been emphasized that the central idea is the uneventful application of the norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms at the stages of realizing human rights and their protection due to the similar nature and legal structure of their norms. It has been noted that the use of such an approach creates an objective opportunity to establish whether there were violations of any requirements at the stages of: protecting such a right (existence and application of preventive measures), implementing the right (obstacles to achieving a certain good by a person) and protecting human right (taking sufficient and effective measures aimed at restoring the person’s status). It has been stated that the norms of the Constitution of Ukraine, given their legal properties, can be applied similarly to the way how the European Court applies the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. Considering the provisions of the current procedural legislation of Ukraine on the powers of courts, it has been proved that human rights are realized and protected in out-of-court and judicial manner exclusively and directly on the basis of the norms of the Basic Law. It has been noted that the forms of applying the Convention for the Protection of Human Rights and Fundamental Freedoms should be understood as methods of applying the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms by the authorized subjects to certain legal relations that is expressed in the relevant acts, namely: literal application – carrying out law-enforcement activities on the basis of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms without their interpretation; expanding application – the implementation of law-enforcement activities on the basis of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms as a result of their interpretation.

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Berchenko, H. .
    Unamendable provisions of the constitution and the territorial integrity of Ukraine [Текст] / H. Berchenko, T. Slinko, O. Horal // Access to Justice in Eastern Europe. - 2022. - Vol. 5 [не зазначено у базі Web of Science], № 4-2 (17) [не зазначено у базі Web of Science та Scopus], Spec. Iss.: Access to Justice in Ukraine amid War. - P. 113-127. - References : p. 126-127

УДК	342.4(477)

РУБ DOI: 10.33327/AJEE-18-5.4-n000447

Аннотация: Background: Unamendable USA and Norway, but did not become widespread. The unamendability of a republican form of government, included in the Constitution of France in 1885, continued this tradition. Such provisions became more widespread after the Second World War. Countries that gained independence began to include a mention of territorial integrity in such provisions. Ukraine belongs to such countries (the Constitution of 1996). Since 2014, Ukraine has faced encroachment on its territorial integrity by an aggressor state - its eastern neighbor. Given these circumstances, the study of the nature and meaning of unamendable provisions of a constitution has particular relevance. Methods: The following methods were used in the work to research the main approaches to the unamendable provisions of the constitution. The system-structural method was useful when providing a structural characterisation of the concept of unamendable provisions, as well as its varieties, establishing a relationship with other concepts (multilevel constitutional design). The logical-legal method made it possible to discover the positions of scientists regarding an optimal list of unamendable provisions, the possible violation of such provisions in the situation of a constitutional revolution, and the positions of the Constitutional Court of Ukraine regarding the protection of territorial integrity in Ukraine. The comparative method was used to study the experience of foreign countries. Results and Conclusions: The paper analysed the legal consequences of violation of territorial integrity, concluding that military aggression, occupation and unacknowledged annexation of part of Ukrainian territory by Russia is not a reason to refuse territorial integrity as an unamendable provision of the Constitution of Ukraine. On the contrary, the protection of this provision should be strengthened.

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