Constitutional system of protection of human and civil rights and freedoms: theoretical and legal principles and the role of the bar

The article is devoted to the study of the constitutional system of protection of human and civil rights and freedoms in Ukraine with a special emphasis on the role of the bar in this system. The author analyzes the current state of human rights mechanisms and reveals a significant gap between constitutional declarations on the rule of law and their practical implementation.The study substantiates the need for a conceptual rethinking of the structure of state obligations in the field of human rights. It is proposed to move away from the traditional understanding of the triune obligation of “recognition- observance-protection” and consider protection as an independent state obligation. Such differentiation is due to the specifics of the subjects of implementation, the peculiarities of functioning and various mechanisms for ensuring each of these obligations.Special attention is paid to the role of the bar as an independent institution of civil society. It is proved that the activities of a lawyer do not have a dual nature, but are unique in their essence: by protecting the rights of an individual, a lawyer simultaneously contributes to the strengthening of legality in society. A direct connection has been established between the effectiveness of advocacy and the general level of democratic development of the state.The author critically assesses the current state of the rule of law in Ukraine, stating that the proclamation of the rule of law in the Constitution does not correspond to the real state of affairs. The main problems that hinder the effective functioning of human rights protection mechanisms have been identified: citizens’ distrust of state institutions, violation of rights by government structures, weakness of civil society institutions. The study is based on a comprehensive analysis of domestic and foreign scientific literature, international documents in the field of human rights, constitutional provisions and law enforcement practice. The results of the study can be used to improve national legislation in the field of human rights protection and the development of civil society institutions.