Sovereignty as the Foundation for Ensuring Constitutional Human Rights and Freedoms

The paper is devoted to the consideration of the principle of sovereignty in the context of ensuring human rights and freedoms. It analyzes the norms and provisions of the Constitution of the Kyrgyz Republic that enshrine the institution of human and civil rights and freedoms and guarantees of their implementation, examines the mechanism for the implementation and protection of human rights and the role of sovereignty in ensuring their implementation and protection. With the help of formal legal, structural-functional and comparative legal analysis, the author determine the causes of conflicts and contradictions in the legislative system that complicate constitutional and legal regulation in the field of human rights and freedoms. As a result of the research, the author came to the conclusion about the exceptional importance of sovereignty in ensuring implementation and protection of human and civil rights and their inverse correlation. The author explains the constitutional novelties guaranteeing the protection of human rights and freedoms in the Kyrgyz Republic; considers some effective mechanisms for the protection of human rights and freedoms. At the same time, the author highlights some errors in the reflection of certain elements of the legal status of an individual in the constitutional matter, which can determine the appearance of contradictions and conflicts in legal regulation and, thereby, lead to imperfection of the mechanism for the exercise of rights and freedoms, as well as human responsibilities. The author justified the need for the State to rely on constitutional values, as well as to ensure the supreme legal force of the Constitution due to the insufficient effectiveness of international law in ensuring human rights and freedoms and, at the same time, the expediency of explicitly reflecting in the Basic Law the ratio of international and national legislation.

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