CHAPTER 1. THE MECHANISM FOR REALIZING THE RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN LEGAL SCIENCE

The study defines the current level of research into the mechanism for the realization of human and civil rights and freedoms in legal science and carries out a critical analysis of the opinions presented in this regard in scientific sources. It has been studied that in a few scientific papers the concept of «mechanism for the realization of the rights and freedoms of man and citizen» is analyzed in full, most studies fragmentarily cover certain aspects of this concept. It is concluded that studies of the legal mechanism for the implementation of human and civil rights and freedoms in the public law and private law spheres are dispersed, contradictory in content, incomplete and not always scientifically substantiated. A legal mechanism for the realization of the rights and freedoms of a person and a citizen is proposed to be defined as a set of interacting legal means through which the realization of the subjective rights of persons in the public law and private law spheres is ensured. It has been established that the elements of the legal mechanism for the realization of the rights and freedoms of the individual include: 1) the rule of law; 2) subjects of law exercising their subjective rights through the forms provided for by national legislation or ensuring their implementation; 3) forms of implementation of the rules of law; 4) legal education, legal ideology, legal culture and legal consciousness of participants in legal relations for the realization of the rights and freedoms of the individual. It is proposed to distinguish four forms of implementation of the rule of law, ensuring the implementation of the rights and freedoms of the individual: 1) compliance; 2) performance; 3) use; 4) application. Attention is focused on the fact that compliance with the rule of law acquires its manifestation in a passive form and consists in keeping a person from certain undesirable actions, qualified in law as «prohibitions» and «restrictions». It was found out that the implementation as a form of implementation of the rule of law is the implementation of legal obligations that are assigned by national legislation to the person. It has been established that the use as a form of implementation of the rule of law, firstly, is associated with the use by a person of his subjective right, secondly, is carried out not under duress, but of his own free will, thirdly, occurs, as a rule, according to clearly defined in the national procedures legislation. It is concluded that application, as a form of implementation of the rules of law, is, firstly, of an individual nature, secondly, it is implemented exclusively by a subject with authority, thirdly, it has a service character in relation to other forms of implementation of the rules of law, and fourthly implemented exclusively within the framework of public law relations.