Development of Human Rights in European and Ukrainian Constitutional Acts from the 18th to the 20th Centuries

Human rights in constitutional acts are essential to building the legal framework of Europe and Ukraine. The topic is considered relevant since it is necessary to analyse the influence of historical, political, and social processes on creating contemporary legal norms to protect human rights. Therefore, the study aims to assess the evolution of human rights in Europe’s and Ukraine’s constitutional law from the eighteenth to the twentieth century. Constitutional acts and international legal documents are analysed with the help of historical and comparative legal approaches. Knowledge of the historical experience of constitutional acts of European countries and Ukraine in the second half of the eighteenth to the twentieth century is necessary to create basic legal systems and protect human rights. Thus, the study employs historical-overlocal and comparative methods to explain Ukrainians’ responses to the European impact on their legal system. Issues of social and minority rights were gradually introduced into Ukrainian legislation, which proves the process of the country’s European integration due to the significant liberalisation of critical human rights values. The significance resides in recommendations on enhancing national legal tools to safeguard the rights of citizens effectively. The study’s practical significance lies in identifying critical stages in developing human rights and recommendations for improving national legal mechanisms to protect social and minority rights. The findings can be used to further enhance national legal systems in the context of European integration

Ukrainian legal space of the Cossack-Hetman era: concepts, forms, kinds.

Constructing the concept of "Ukrainian legal space" is a rather difficult task that is still waiting to be solved. The solution of this problem will be facilitated by the formulation of the concept of "Ukrainian legal space of the Cossack-Hetman era". In the environment of the Ukrainian social legal space of the Cossack-Hetman era there was the state space of the Zaporozhian Sich or the Zaporozhian Lowland Army and the state space of the Hetmanate, or the Zaporozhian Army. Common to the Ukrainian ethnos of these territories were the following types of public legal space: the space of traditional and the spontaneous masses law, the space of canon law. The content of the individual legal space, determined the legal status of the person. The legal status of specific individuals (the content and scope of rights, responsibilities, legitimate interests, guarantees of their implementation) depended on belonging to a specific status and population group. Legal spaces of the Cossack-Hetman era are divided into territorial and extraterritorial legal spaces. Territorial legal spaces include the state legal spaces of the Zavorozhian Sich and the Hetmanate. The extraterritorial legal space is the urban legal space. An important characteristic of the Ukrainian legal space of the Cossack-Hetman era is its dynamics. "Ukrainian legal space of the Cossack-Hetman era" is a holistic set of dynamic legal phenomena, actions and events, as well as dependencies, relationships, relations, actions, demands and claims of the subjects of law of the Ukrainian ethnic group within a specific space (territory) in specific time intervals, expressed in its forms and a set of kinds of legal spaces.</jats:p

The principle of equality in the programming documents of the three internationals of the twentieth century

Introduction. The features of the concepts of equality enshrined in the provisions of the programming documents of the Internationals in the perspective of the genesis of the concept of human rights are highlighted. The aim of the article. The content and peculiarities of conceptions of the principle of equality in the programming documents of the Communist, Socialist and Liberal Internationals are investigated and compared in order to determine the influence of the hierarchy of moral and legal values of a particular political community on the evolution of the concept and content of the principle of equality in European society in a certain period of time. Results. The program of the Communist International, adopted at the 45th meeting of the 6th Congress of the Communist International on September 1, 1928, clearly articulates the idea of ​​equality between men and women, as well as the equality of all fighters for a socialist lifestyle, regardless of national, cultural, linguistic or racial differences , gender, or profession. On the other hand, this concept of equality applies only to the class of the proletariat, which fights for "a world-wide proletarian dictatorship and world communism." That is, the authors of the program advocated a class approach to understanding the principle of equality, whose effect was not to extend to other classes and strata of society except the proletariat. The concept of legal equality declared in the Comintern documents has the character of equality of results - a concept whose meaning is that society and the state must guarantee equality of people through the redistribution of wealth and status in order to achieve economic and social equality. Equality in this concept is the first and greatest value compared to freedom and justice. This kind of equality is called egalitarianism and is possible only if free competition, which underlies equality of opportunity, is restricted. The Socialist Declaration of Principles adopted in Stockholm in 1989 proclaimed freedom, justice, equality and solidarity as the basic principles of the Social Democrats. In particular, it was emphasized that the Social Democrats attach equal importance to these fundamental principles and understand their interdependence. Contrary to this view, liberals and conservatives favor individual liberty at the expense of justice and solidarity, while the Communists claim to have achieved equality and solidarity, but at the expense of freedom. The Manifesto of the Liberal International declared the concept of equality of opportunity, according to which each individual should be guaranteed equal chances to succeed in life, and focused primarily on the principle of freedom in accordance with the classical principles of liberalism. In particular, the following liberal principles were proclaimed: independence of thought; respect for the human personality and the family as the foundation of society; the state is only a tool of the community; it must not assume a power which is contrary to the fundamental rights of citizens and to the conditions necessary for a responsible and creative life, namely: personal freedom, guaranteed by the independence of the administration of law and justice; freedom of religion and freedom of conscience; freedom of speech and the press; freedom to associate or not to associate; free choice of classes; the possibility of full and varied training, according to ability and regardless of birth or means; the right to private property and the right to start a separate enterprise; free choice of consumers and the opportunity to take full advantage of the productivity of the soil and the human industry; protection against disease, unemployment, disability and old age; equality between men and women. These rights and conditions can only be guaranteed by true democracy. Сonclusions. Defining in the conception of the equality principle of the Communist, Socialist and Liberal Internationals of the twentieth century there is a balance between equality and freedom. In particular, the limits of freedom and, accordingly, the content of the concept of equality are largely determined by the hierarchy of moral and legal values ​​of a particular political community over a period of time. It is also important to emphasize that the genesis of the concepts of the principle of equality in the programming documents of three influential international political organizations of the twentieth century was conditioned by a complex and contradictory process of becoming European democracy. The triumph of the social-democratic and liberal concept of equality and its consolidation in the constitutions of most European countries in the second half of the twentieth century contributed to the deep disappointment of the general public of the European community with the totalitarian and authoritarian forms of government and the socio-economic progress of states with democratic forms of government.</jats:p