SOCIAL HUMAN RIGHTS, BETWEEN LEGAL AND REAL CONSTITUTIONAL LIMITATIONS (ON THE EXAMPLE OF ONE LAW)

Abstract

On the basis of some provisions of Law of Ukraine «On amendments and invalidation of some legislative acts of Ukraine» dated December 28, 2014 № 76 the author disclose the problem of the interpretation of p. 3, Art. 22 of the Constitution of Ukraine on the impossibility of narrowing the content and scope of existing rights and freedoms during the adoption of new laws in the context of social rights guaranteeing and due to the political and economic situation in the country. Analyzing the nature of social rights, the practice of the Constitutional Court of Ukraine, international human rights law, the author argues that the interpretation of the mentioned constitutional provision must be based on recognition of the existence of the grounds for reviewing the benefits provided to certain population group based on intelligence, proportionality and non-discriminatory nature of the review.