Balancing Constitutional Rights and Freedoms in Judicial Application of Law

The article analyzes the issue of the cognition of courts to weigh constitutional rights and freedoms, both in relation to vertical and horizontal relations. The view is defended that the courts are obliged to apply the weighing mechanism to constitutional rights – pursuant to Art. 31 sec. 3 and Art. 31 sec. 2 sentences 1 of the Constitution of the Republic of Poland. The constitutional adequacy of the final determination of the conditional priority relationship between the competing principles of law by the legislator is being examined. It is shown that the conclusiveness and correctness of establishing this relationship require weighing the principles in concreto sensu stricto, which can only take place at the stage of judicial application of the law. However, this does not mean that there is a gap in the Polish system of protection of individual rights and freedoms.

Social life is constantly undergoing changes, as a result of which there is a need for rapid response on the part of representatives of notary activities, in order to effectively perform the functional powers delegated by the state – protection of the rights and legitimate interests of persons seeking help from a notary, the latter must constantly improve himself. Notary acts not only as a body of preventive justice, but also as a human rights institution, because it takes an active part in civil turnover. With the help of the notary institution, the state takes preventive measures that ensure legal security in society, which, in turn, is one of the main tasks of the state and an indicator of its capacity. The notarial process is independent in relation to civil proceedings, since the activity of notarial bodies is non-contentious in nature, in which the principle of adversarial parties is not used. For consideration of the notarial process, great importance is attached to the form of notarial activity, which represents is a set of requirements for the actions of participants in the notarial process aimed at achieving a specific result. In this regard, the relevance of the study of the basics of the notary as a subject of the protection of constitutional rights is high and conditioned by the need for further improvement of the guarantee of human rights and freedoms in Ukraine. Such Ukrainian and foreign authors as S. P. Holovaty, T. M. Karnaukh, N. V. Mishina, V. V. Barankova, Yu. V. Zhelikhovska, O. I. Nelin, O. P. Vasylchenko, K. F. Bilko, N. V. Karnaruk, Yu. Yu. Bysaga, N. V. Vasylyna, N. M. Denysiak, L. M. Deshko, O. A. Martyniuk.