THE RELATIONSHIP OF DIGNITY AND THE PRINCIPLE OF PROPORTIONALITY

Abstract

The article is devoted to the investigation of the relationship of dignity and the principle of proportionality. In the article, based on the study of Constitution, the judicial practice of the the Constitutional Court, as well as foreign countries and international judicial instances, the author came to the conclusion, that principle of proportionality acts as a means of interpreting concepts that are important for determining the scope of the right to dignity. Dignity, in turn, at the stage of assessing the adequacy excludes such restrictions on the essence of fundamental human rights and freedoms, in which a person is used by the state as an instrument.