POLITICAL RIGHTS AND FREEDOMS OF INDIVIDUALS AND CITIZENS AND THEIR CONSOLIDATION IN THE CONSTITUTION OF UKRAINE

Abstract

The scientific article explores constitutional political rights and freedoms of the individual and citizen as a key element of the legal status of the person in a democratic state. It analyzes the essence of political rights and freedoms as means of participation of the individual in public life and as mechanisms for the implementation of popular sovereignty. It is emphasized that these rights are not only legal guarantees of citizens' participation in the formation and exercise of state power but also form the basis of democratic control over it, contributing to accountability, transparency, and the establishment of the rule of law. It is noted that political rights and freedoms constitute an integral part of the system of first-generation constitutional human rights, historically formed in the process of struggle for freedom and equality. Particular attention is paid to the philosophical foundations of the institution of political rights, specifically the concept of freedom as the natural state of the person. The article considers various scholarly approaches to the interpretation of the concept of subjective rights, including criticism of the limited view of them solely as elements of specific legal relations. The position is substantiated that subjective rights can exist and be exercised beyond individual legal relationships, and that political rights represent such real possibilities of the person that are not reduced merely to formal legal acts. The range of fundamental political rights enshrined in the Constitution of Ukraine is analyzed, including: the right to participate in state governance, the right to elect and be elected, the right to association, the right to petition, the right to participate in referendums, peaceful assemblies, and others. It is stressed that some of these rights are exercised both individually and collectively, which is conditioned by their nature and social purpose. A critical analysis is carried out regarding the assertion that political rights belong exclusively to citizens. The article argues that a number of constitutional political rights (for example, the right to petition) belong not only to citizens but to all persons under the jurisdiction of Ukraine, which is consistent with the principle of universality of human rights. The conclusion is made that political rights and freedoms of the individual and citizen play not only a functional but also a value-based role, serving as a means of legitimizing state power, a feedback channel between society and the state, and a necessary condition for the full realization of other rights and freedoms. In this context, they appear not only as formally enshrined legal norms but also as real socio-legal instruments that provide substantive content to the democratic form of governance.