Problems of Positivization of Rights and Freedoms and Their Fair Judicial Protection

The article examines the problem of the degree of positivization of human rights and freedoms for the purposes of their judicial protection. There are three main degrees of formalization of subjective rights and measures of their realization and protection in positive law. Since the coincidence of the norms of positive law with the violated subjective right, which is subject to judicial protection under given circumstances, is extremely rare, it is concluded that it is inappropriate to establish a direct link between the degree of positivization of the violated right and the level of guarantees of its judicial protection.