Guarantees of the right of citizens to freedom of association in political parties

Abstract

Background. The urgency of the research topic is that at the present stage of social development in the first place – the European integration aspirations of Ukraine, and secondly, the activation of the development of public and public life in a democratic direction contributes to raising the attention to the creation and functioning of political parties. Particularly political parties are intensifying on the eve of elections, and regular elections in Ukraine are no exception. At the same time, the majority of modern studies of the constitutional right of citizens to freedom of association in political parties are quite logical, taking into account the above-mentioned, around the object of this subjective right – political parties. And the guarantees of the implementation of the constitutional right of citizens to freedom of association in political parties in the legal literature are almost not paid attention. Thus, the problem of guarantees of the constitutional law under consideration becomes significant.
Analysis of recent researches and publications. The monographic study of V. V. Chernichko (thesis for obtaining a scientific degree of the candidate of legal sciences on the topic «Constitutional right to unite in political parties in Ukraine and EU countries: comparative legal analysis» (Uzhhorod, 2016) and A. M. Moiseyev «Constitutional right of citizens to unite in political parties and the judicial practice of its protection» (Moscow, 2008) are devoted to the certain attention to guarantees of the constitutional right of citizens to freedom of association in political parties. However, when writing the article, much of the works of those scholars who investigated the guarantees of human rights as a whole became much more useful.
The aim of the article is to propose definitions of the concepts of «guarantee of the constitutional right to freedom of association in political parties», «special guarantees of the constitutional right to freedom of association in political parties», as well as the classification of guarantees, depending on the content and type, taking into account peculiarities, inherent in the guarantees is the constitutional right to freedom of association in political parties.
Materials and methods. The author uses the works of the Ukrainian scientists, that have researched the guarantees of the human rights, mostly specialists in the constitutional law and in the theory of state and law. The main methods for the study are: systemic, that allows to see guarantees as a system, and comparative, that allows to create the own definition based on the existing proposals.
Results. According to the results of the study, the definitions of «guarantees of the constitutional right to freedom of association in political parties» (system of conditions, means and methods of realization, protection and protection of this right) are formulated. One more definition, proposed based on the results of the research, is for the term «special guarantees of the constitutional right to freedom of association in political parties» (system of legal conditions, means and methods of realization, protection and protection of this right).
Conclusion. Depending on the content and type of guarantees, it is proposed to highlight: a) general guarantees of the constitutional right to freedom of association in political parties; b) special (legal, legal) guarantees of the constitutional right to freedom of association in political parties. It is proved that in the general guarantees of the constitutional right to freedom of association in political parties it is necessary to single out only political and socio-economic guarantees; spiritual and/or cultural safeguards in the context of studying the constitutional right to freedom of association in political parties almost coincide with political guarantees.