APPLICATION OF THE NON-DISCRIMINATION PRINCIPLE IN THE JUDGMENTS OF THE CONSTITUTIONAL COURT OF UKRAINE
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 5
Abstract
The research analyzes the decisions of the Constitutional Court of Ukraine regarding the application of the non-discrimination principle. The author offers his own approach to the classification of judicial precedents on this topic. So, the decisions of the Constitutional Court of Ukraine are systematized and analyzed on the grounds of validity of legislative restrictions on the exercise of the rights and freedoms of certain persons. Research reveals differences in methodological approaches to the qualification of cases? used by the court. To avoid inconsistencies, the author points out the need to apply the „discrimination test“ in the practice of the Constitutional Court of Ukraine.
Authors and Affiliations
Olga-Mariya BACHINSKAYA
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