International Scientific and Practical Seminar "Human Dignity as Constitutional Value"
On March 30, 2018 international scientific and practical seminar "Human dignity as constitutional value" dedicated to the memory of Chairman of the Constitutional Court of Ukraine in 1992-1995, professor Leonid Yuzkov held in the Constitutional Court of Ukraine.
Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk, Judges of the Constitutional Court of Ukraine Viktor Horodovenko, Viktor Kolisnyk, Vasyl Lemak, Oleksandr Lytvynov, Natalia Shaptala, former judges of the Constitutional Court of Ukraine Serhii Vdovichenko, Ivan Dombrovskyi, Volodymyr Kampo, Mykhailo Kolos, Oleksandr Paseniuk, employees of the Secretariat of the Constitutional Court of Ukraine, sclaoras of the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, National Academy of Legal Sciences of Ukraine, Taras Shevchenko National University of Kyiv, Vasyl Stefanyk Pre-Carpathian National University, Mykolas Romeris University (Republic of Lithuania), University of Zielona Góra (Republic of Poland), Leonid Yuzkov's daughter, representatives of public organisations and mass media took part in the work of the event.
The seminar was organised by the Constitutional Court of Ukraine in co-operaion with the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine.
Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk inaugurated the international scientific seminar and pointed out the leading place of the Constitutional Court of Ukraine in the protection of human rights. "The Constitutional Court of Ukraine is responsible for protecting the basic law of the state, constitutional values and principles. The category "human dignity" is the basis of the Constitution of Ukraine and the constitutional structure of the state", stressed Stanislav Shevchuk.
A specific feature of the event, noted Chairman of the Court, is that it is dedicated to the memory of the Ukrainian lawyer, professor, the first Chairman of the Constitutional Court of Ukraine Leonid Yuzkov, who considered a human being through the prism of civil society, and believe him/her to be the source of values.
President of the National Academy of Legal Sciences, Full Member of the National Academy of Sciences of Ukraine, Professor Oleksandr Petryshyn noted that Leonid Yuzkov was the founder of the science of constitutional law and independent Ukraine, and recalled the achievements implemented under his leadership, namely: the co-author of the draft Declaration on State Sovereignty of Ukraine, the Concept of the new Constitution of Ukraine, the first law on the Constitutional Court of Ukraine, in fact, laid the legal foundations of formation, the creation of the body of constitutional jurisdiction based on European principles and values.
The speaker also stressed that dignity is not complete if it is not implemented in public relations. He remembered the latest decision of the Court, which shows that the new composition of the court is studying such problems and is actively engaged in the protection of constitutional values, including, such category as "human dignity".
Director of the V.M. Koretsky Institute of State and Law of National Academy of Sciences of Ukraine, Full Member of the National Academy of Legal Sciences of Ukraine Yurii Shemshuchenko noted on the importance of such an event, dedicated to the memory of the talented man, scholar, professor Leonid Yuzkov, who had actively worked with the National Academy of Legal Sciences of Ukraine, was one of its founders and made a significant contribution to the development of the constitutional law of Ukraine and the Ukrainian state.
He stressed that in legal literature there is no generally accepted definition of the concept of "human dignity", and as it is widely recognised, this concept refers to moral phenomena, is a moral parameter of a person based on rejecting everything that degrades human dignity. Human dignity is the primary and determining for all other social values, the source of human and citizen's rights and freedoms, therefore the concept of human dignity is included in a number of constitutions, in particular of European countries. He also added that the Constitution of Ukraine determines that all people are free and equal in dignity and rights. The reporter noted that the Court in the future, probably, will formulated a proper legal position on this issue, and scientific thought will be formed concerning the interpretation of the concept of "human dignity" and the classification of its species.
In his report, Deputy Director for scientific work of the V.M. Koretsky Institute of State and Law of National Academy of Sciences of Ukraine, Doctor of Law, Professor Oleksandr Skrypniuk noted that the figure of Leonid Yuzkov is unique and outstanding in Ukrainian state and development of domestic legal science. He stressed that L. Yuzkov’s contribution in the development of the state and the foundation of scientific constitutionalism cannot be overestimated.
Emphasising the key positions of L.Yuzkov’s scientific heritage, the speaker noted that Leonid Yuzkov's contribution to the development of the theory of modern constitutionalism is invaluable, and his ideas on the Constitution, as the Basic Law of the state and society, proved the vitality of their time. The reporter stressed that many of the constitutional ideas and conceptual designs of the scholar were embodied in practice, others were not applied, according to Oleksandr Skrypniuk, have not lost relevance today, and are of unavoidable value, require new reading and understanding and are waiting for their application in modern state process of Ukraine.
Tetiana Yuzkova, daughter of Leonid Yuzkov, sincerely thanked the organisers of this event as well as scholar for participation in it and their interesting reports. She expressed hope that such events will further influence the development of Ukrainian jurisprudence, the activities of the Constitutional Court of Ukraine, which received additional powers to review constitutional complaints. Tetiana Yuzkov stressed the importance of the topic of the seminar, since human dignity is what is given to a person at birth and is the main principle of his/her existence, and Ukraine, as a social state, shall protect this right.
Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk delivered a report on "Human dignity in the system of constitutional values".
Today the Constitutional Court of Ukraine has faced many challenges and challenges that need to be addressed, noted Stanislav Shevchuk. Therefore, Leonid Yuzkov’s activities as a scholar and a lawyer is a guide for us. In addition, evidences of the relevance of his research is this seminar itself", added the Chairman.
Having analysed the legal definition of human dignity and the mechanism of its protection in international legal acts, the constitutions of European states, the Constitution of Ukraine, as well as the practice of bodies of constitutional justice, Chairman of the Constitutional Court of Ukraine singled out the most pressing issues of protecting human dignity by bodies of constitutional control. He noted that in many cases, national constitutions and constitutional courts recognise the integral and fundamental importance of human dignity, and the right to dignity is recognised as an absolute and inalienable human right.
The reporter noted that the entire national legal system should stand guard over the dignity of the person, bearing in mind that everyone is fairly protected by the subjective right of the individual and means a step in protecting the dignity of its bearer. At the same time, the structure of a modern democratic state assumes the mechanism of constitutional judicial proceedings, that is, the activity of the body of constitutional control, as one of the key elements of the state mechanism. It is from this body directly determines how the provisions of the Constitution will be understood and applied, including those that somehow formulate the constitutional category of human dignity.
The Chairman also highlighted the peculiarities of the implementation of the Law of Ukraine “On the Constitutional Court of Ukraine” and emphasised that the senates and the boards had been formed. It opens the way for consideration of constitutional complaints. This is another additional mechanism for the protection of human rights, in particular, the right to human dignity, which is an integral part of modern constitutionalism, the speaker stated.
Professor of the University of M. Romerio, former judge of the Constitutional Court of the Republic of Lithuania (2005-2014) Toma Birmontienė noted that the bilateral relations between the constitutional courts of Ukraine and Lithuania are friendly and reflect long-standing traditions of cooperation.
Toma Birmontienė mentioned the main historical periods of the formation and development of constitutionalism in Lithuania, emphasised the important role of society in this process.
"The Constitutional Court of the Republic of Lithuania works efficiently, because it has a community support which is extremely important. Citizens perceive the Constitutional Court as an institution that protects the right and supports the development of the state, "highlighted Toma Birmontienė.
She also told about specific decisions of the Constitutional Court of the Republic of Lithuania, adding that the Court had had a significant impact on the development of the legal system of the state, the doctrine of the law and case law.
Toma Birmontienė stressed that constitutional courts are a powerful mechanism for protecting human rights and strengthening the rule of law.
Anatolii Selivanov, Doctor of Law, professor, full member of the National Academy of Sciences of Ukraine, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine reported on "Human dignity: ways to protect it in a democratic state". He also noted that "human dignity" is the identification of a nation, a person and a citizen. "No one can limit human dignity, it is untouchable, inalienable, and must be protected".
Anatolii Selivanov mentioned that the problem of human dignity, as an active potential of society, declared itself on the Maidan Nezalezhnosti, a participant of which was the Ukrainian people. Therefore, the state's duty is to ensure human dignity, which is a condition for a stable constitutional order.
The methods of protecting human dignity in a democratic state were analysed by PhD, legal advisor, professor of law and administration at the University of Zielona Góra (Poland), expert Andrzej Stec.
In his report, he noted that the Constitution of the Republic of Poland defines human dignity as a natural and inalienable source of human and civil rights and freedoms. Human dignity is untouchable, and for its respect and protection, responsible state bodies, emphasised the speaker.
However, in the science and in the practice of the Republic of Poland there is no single universally accepted definition of "human dignity", since human dignity is its personal area, which is expressed in self-esteem and expectations of respect from other individuals.
The absence of the concept of "human dignity" complicates the possibility of its legal protection. At the same time, the speaker stresses that, despite objective or subjective factors, the state must ensure effective protection of this right.
Ruslan Dobrovolskyi, Chairman of the public organisation "Public Service of Ukraine", in his report, noted that dignity is the notion of moral self-awareness, which expresses the notion of the value of every person as a social person. The whole path of human development is a way of developing consciousness, social relations, self-realisation of oneself, its role, its status in society, highlighted the speaker. He also noted that the Constitution of Ukraine gives an important place to the protection of dignity, in its articles human dignity is defined as one of the "highest social values".
Ruslan Dobrovolsky highlighted that the Orange Revolution, the Revolution of Dignity are milestones in awakening the self-awareness of the dignity of the Ukrainian people and the self-realisation of freedom of the spirit.
He sincerely wished the Constitutional Court of Ukraine to become the flagship of protecting the human rights and dignity in Ukraine.
Volodymyr Kampo, former judge of the Constitutional Court of Ukraine, Candidate of Legal Sciences, Associate Professor mentioned in his speech: "Today we are experiencing a period of recovery in the organisation of the activities of the Constitutional Court of Ukraine, in the formation of the constitutional culture, the constitutional consciousness of citizens". The stages of Ukraine's development show that the people want a constitutional democracy in Ukraine, so that democratic values become not only the property of the people, but also the state, which should implement and protect these values.
Today's event, which united judges, scholars, international experts, testifies the fact that we really have civil society”, the speaker summed up.
During the event, reports were also presented by the lecturer of the Department of Constitutional Law of the Taras Shevchenko National University of Kyiv Olha Sovhyria, Doctor of Legal Sciences, the Supreme Court Scientific Adviser Liudmyla Kozlovska, Head of the public organisation “Bloc of Patriotic Forces” Volodymyr Kolodzhynskyi, Doctor of Law, Professor Department of Philosophy of the Yaroslav Mudryi National Law University Serhii Maksymov, Ph.D., Head of the Department of Constitutional, International and Administrative Law of the Vasyl Stefanyk Pre-Carpathian National University Volodymyr Rozvadovskyi and others. The speakers expressed their vision for the further development of constitutional science and practice, and also offered suggestions on similar events in the future.
In conclusion, the participants of the international seminar "Human dignity as constitutional value" adopted the relevant recommendations.
