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Реферат New democratic constitutionalism in Ukraine: problems of development





The amplifying similarity of conditions of life, general economic, information, cultural spaces, internationalization and transnationlization connect the individuals with large-scale systems. Internationalization, in the opinion of experts, has entered the finishing stage. The world is becoming uniform not only from the philosophical point of view, but in reality [14]. change of civilization paradigm of development, the planetary life becomes interdependent. The world community has closely approached appearance of the new phenomenon - world wide civilization covering all mankind. Human rights, being reflection and active lever of these processes, have gone to the next level of the development - the level of globalization. They show the sufficient maturity for participation in problems of global harmonization [15] of the world, that, undoubtedly, finds reflection in the constitutional law and is embodied in institutes of modern constitutionalism. this connection, it is necessary to pay attention on original harmonization and biologization of the constitutionalism. The given tendencies are shown in increase of influence of general humanitarian values ??of mankind on the constitutional law, transferring of the centre of gravity on maintenance of the natural rights and freedoms of a person, declaration of their supreme value, recognition in liability and firmness of rights and freedoms, impossibility of their cancellation, narrowing of contents and volume, etc. , Biologization of the constitutional matter is shown in activities of the modern state on restriction of negative consequences of scientific and technical progress, in particular in such new areas, as genetics - medical biology. As a matter of fact, the new scientific direction is developing bioethics which is connected with transplantation of human organs, change of sex, artificial fertilization, and problems of abortions. The given phenomena can not remain aside supervising and regulating (including the constitutional level) the state intervention into the given area. on the most deep structures of the human organization on the part of biomedicine, intervention of biomedical technologies in a gene of the person, reproductive functions, mentality and processes of dying of the person, biological copying by means of manipulations with genes (cloning), creation of the so-called transgenes animals by means of implantation of human genes and other fantastic positions of today of achievement of science can have far-reaching consequences for regeneration of the person and environment There is created the risk of genetic, and is moral and spiritual negative consequences for the mankind. Consecutive evolution in direction set by modern tendencies of life can entail final loss for the person of the person himself in the mirror of civilization there can one day appear the appearance of absolutely another creature [16] of a habitual image. conditions cardinal revision of the concept of mutual relations of the state and the person as instead of the priority of public and state interests over individual who is based on the concept of the priority of interests of the person, and their mutual responsibility. The constitutional practice of the majority of the postSoviet states at the present stage has appreciably taken off oppositions of natural - legal and positivistic approaches to human rights on the basis of the constitutional fixing of the fundamental rights and freedoms which includes oppression and violence of the state over the person, asserting its autonomy and the priority of human rights concerning the state [17]. is possible to allocate the following direction of development of modern constitutionalism. In connection with sharp aggravation of the problem of protection of environment, caused by the global ecological accidents (for example, accident on the Chernobyl atomic power station) which has threatened existence of the mankind, modern constitutions of the majority of the countries during the last years have begun to fix general principles of ecological policy. It has led to penetration into the constitutional matter of the great volume of nature protection norms. It testifies to permanent tendencies of the ecological constitutionalism and the constitutional law. Each person faces nature and environment during his life, acting thus in different ways - as a citizen, as a worker or an official, as the citizen of the state or the member of the world community. According to researches of the World Organization of health care, people s health is 80 percent dependent on environment. Therefore activity of the state on its protection, maintenance of ecological safety gains especial value [18]. majority of modern constitutions fix the duty to protect nature and environment. Thus, the Constitution of the Lithuanian Republic of 1992 fixes, that the state should care about protection of environment, flora and fauna, separate na...


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