Анотація | Abstract
The article describes the results of research on the forms of judicial protection of human rights in view of their proportionality with respect to violated law. On the basis of the analysis of national court practice and the content of individual judgements of the European Court of Human Rights, it has been established that the form of protection of the violated right must meet certain criteria, in particular to be effective and proportionate. The study of the theoretical positions of the mechanism of realization of human rights testifies that the isolation of separate stages of realization of a certain human right is perspective for understanding the essence of the mechanism of protection of human rights and its effective realization in scientific and law-enforcement activity. As a result of the systematic analysis of the theoretical provisions, norms of the Basic Law and the jurisprudence, the expediency of considering certain elements of the mechanism of protection of human rights through the prism of stages of the person’s realization of a certain subjective right has been established. In this study, it is proved that a proportional form of judicial protection of human rights is one that meets at the same time the following criteria: 1) is a legally possible consequence of the legal relationship established between the parties; 2) corresponds to the principle of effectiveness; 3) excludes court interference with the discretionary powers of the subjects of power; 4) ensures the protection of rights in proportion to the stage at which its violation occurred.