titution there have been proclaimed some rights and freedoms which have not been mentioned in the Declaration of +1789, in particular the freedom of worship and the freedom of assemblying to power of Jacobins in June 1 793 , there was adopted the new constitution which was also opened with the Declaration of rights of a person and a citizen. In Article 2 among natural and inalienable rights of the person besides the freedom, safety and property there has also been named equality.French authors, in particular Butmi, confirmed, that the French Declaration of rights of a person and a citizen is an original product of the French national spirit and, in particular, as if was taken from the works of JJrussoaccording to whose doctrine the person has the integral born rights and can alienate their certain part, but only voluntarily, by means of the public contract. However this view can hardly be considered proved as JJrusso did not recognize in relation to almighty general will ( volonte generale ) any borders, including in the form of inalienable human rights. German lawyer Ellineck has subjected to the proved criticism this theory of the French vanity and has evidently shown the American origin of the Declaration. Thus Ellineck based on the works of W. Blackstone in which there is the formulation of the rights of the individual. However the Declaration of 1789 had also older theoretical preconditions, in particular the works of the English jurist of XVII century lord M. Heil who in his The analysis of the civil part of Laws has given the successful formulation of the rights of freedom of Englishmen as the subjective rights. Under the title About the rights of people and the citizen the above mentioned author wrote: Rights of the people and their freedoms in relation to the king and to all subordinated to the king, city councils is in the fact that (ie to members of people) there should be provided their life, freedom and the property .the constitutionally-legal doctrine of XIX century presence of the certain declaration or charter of human rights as the independent political and legal document previous to the constitution and even possessing the supreme in comparison with its validity, there was considered as an attributive sign of the democratic state, original reflection of the public contract laying in its basis. The well known Polish lawyer, professor of royal Academy in Poznan J. Gachek formulated this position as follows: The main function of the rights of freedom in democracy lays in exhibiting the catalogue of the subjective rights which is premised to any constitution which should be recognized by any constitution of the states and be inviolable for the common legislator. This originality of the rights of freedom of a person, making the contract forming the basis of the state, gives to them that mysterious force which to these rights had attributed the former democratic constitutional legislators. This mysterious force is that these rights as though are guaranteed by those constitutions to which they are premised. They, thus, are the essence of the guarantee of the constitution [74] .the text of the French constitutions the Declaration of the rights of a person and a citizen has made the procession through Europe, and further thorough Central and South America. In the same theoretical form these resolutions were included into the constitutions of 1791, 1793 and +1795; then they disappeared from the French constitutions, and beginning with the Constitution of VIII, and only once appeared again, in the constitution of тисячу вісімсот сорок вісім ( the French republic has the principle of freedom, equality and brotherhood; its basis is family, labour, property, public order ). The statement of the given principles in the form of declarations in the later constitutions is replaced with the formulation of the same principles having a more legal character, and the so-called constitutional guarantees of the rights of a person raquo ;. In many constitutions the both forms are close to each other, so, already in the constitution of тисяча сімсот дев'яносто одна there contains the position having the form of the constitutional guarantee: The legislative power can not publish any law which would paralyze or interfere realization of the natural and civil rights listed in the present chapter and guaranteed by the constitution. In the constitution of VIII the uncertain and wide position of the first constitutions about freedom from any arrest is replaced with the exact, quite legally formulated, thesis: So that the resolution about arrest could be resulted in execution, 1) in it there should be definitely specified the reason of arrest and the law on which it is based;
) it should proceed from authority, authorized to it by the law;
) it should be declared} to the person who is exposed to arrest, and this person should receive it...
