Політико-правовий аналіз проблеми реалізації громадянських прав та свобод як детермінанти модернізації політичної системи України

Abstract

The article provides a political and legal analysis of the factors of the dysfunction of realization of civil rights and freedoms of Ukrainian citizens in the context of modernization of the political system in a crisis. The freedom of movement and choice of place of residence and their influence on the exercise of electoral rights are considered. The urgency of the theme of the article is due to the fact that in addition to the traditional problems and challenges of modernizing the political system of Ukraine (the imitation nature of the borrowing of political institutions, the use of corruption, customary violations of laws, etc.) after the events of 2014, the list of such crucial, as the possibility of realizing civil rights and freedoms throughout the territory of the state by all its citizens. If until 2013-2014 the main characteristic of the modernization of the political system of Ukraine was the peaceful nature of the transformations, now, in conditions of annexation, military operations and occupation of part of the territory before the state, the task was to ensure, in the new conditions, the constitutional personal rights of all its citizens. First of all, it concerns the right to freedom of movement and residence and the implementation of passive and active electoral rights by Ukrainian citizens. One of the challenges of modernizing the political system is its dysfunction in terms of realizing civil rights and freedoms, in particular freedom of movement and choice of place of residence and their influence on the exercise of electoral rights. The specified dysfunction can potentially even lead to the disintegration of society, when there are no generally accepted rules and norms, or they are contradictory, indeterminate, inadequate or overwhelming is their political and legal status, when the law is not able to protect all categories of the population. In order to prevent disintegration, the anomie of society, the state, above all, must guarantee the safety of life and other basic human rights, and therefore its main functions include defense, law and order protection, legality, protection of the rights and freedoms of citizens. Thus, these problems characterize the current political situation in Ukraine as a general exogenous crisis, which depends on many crises that are interconnected: interference of other states in internal politics, crisis of higher authorities, party system, judicial system, legitimacy, constitutional crisis.