公民权的内容:某些方面

Halyna Savchyn, V. Borovikova
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摘要

本文旨在研究在欧洲人权法院普遍一体化进程和实践的影响下,公民权内容的当前趋势和变化。公民权利的内容在乌克兰与欧洲联盟之间的联系国条约的实现过程中受到新的趋势的评估。根据当前公民权概念演变的趋势,在宪法、国家立法、欧洲公民权公约的背景下对公民权概念进行了分析,对个人的形式地位和法律地位的区分、个人与国家的法律关系、权利与义务的结合进行了分析。工作指出,从目前对公民权内容的实现情况来看,应保持对国籍缺失的法律性质和本质进行规制的实践意图,完善乌克兰公民身份和个人法律身份作为宪法基本人权之一的语境原则和立法原则。公民权作为宪法制度,近年来被证明是一种主观权利,由于欧洲人权法院在传统权利和自由范围内对公民权的解释而发生变化。与此同时,国家作为公民政策定义的主体,通过国家立法机构规范与公民身份相关的所有问题,并从上述制度中衍生出来。受国际法准则影响最小的公民权领域,指的是对公民权的法律规制涉及一个国家的内部事务。一个国家拥有确定公民圈子的可能性,纠正公民入籍的理由,对公民设置限制。公民权是一种针对人类利益满足的可能行为的保护措施,与公民权的取得、变更和退出有关。在乌克兰,保障公民权实现的有效性包括提供法律保障,这些法律保障包含在法律规范中,并取决于逻辑和系统的权宜性,具体主体的准确焦点和确定性以及适当的社会关系。
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CONTENTS OF THE RIGHT TO CITIZENSHIP: CERTAIN ASPECTS
The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.
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