Institutional and Organizational Guarantees of Fundamental Human Rights: Experience of Ukraine and Germany

The article is devoted to the study of the theory of institutional and organizational guarantees of fundamental human rights in Ukraine and Germany. The article analyses the scientific studies of Ukrainian and German scientists, which reflect the doctrine of institutional and organizational guarantees of fundamental rights. The legislation of Ukraine and Germany was also investigated from the point of view of the normative regulation of the named guarantees of fundamental rights. The analysis of the Ukrainian doctrine on the guarantee of human rights and freedoms makes it possible to determine its following features: 1) institutional and organizational guarantees of human rights are defined by the constituent elements of the system of human rights guarantees; 2) they belong to the special (legal or legal) guarantees of human rights; 3) the guarantees of human rights directly depend on their official affirmation in the legislation of Ukraine, because it is they that they find their objective reflection; 4) the guarantors of human rights and freedoms are authorized to determine the basic rights and freedoms of man and citizen, to establish mechanisms for their implementation and protection; 5) human rights guarantors are mainly public authorities that have a normatively defined function to guarantee and secure one or more human rights. The study of the German and Austrian doctrine of basic human rights allows us to determine the following characteristics: 1) basic human rights give rise to guarantees for the individual as their carrier. This is one of their central functions; 2) fundamental rights are directed against the state. These are restrictions for: a) the legislation of the Federal Republic of Germany; b) executive power; c) jurisdiction; 3) the state is not the creator of fundamental rights, it only recognizes the fact of their existence. The realization of fundamental rights does not depend on the level of their consolidation in the legislation; 4) the system of guaranteeing fundamental rights includes: guarantees of institutions; institutional guarantees; organizational and procedural guarantees