Importance (a Mechanism) of Constitutionally Stipulated Basic Human Rights and Personal Data Protection in Enforcement Proceeding Process

Abstract

In a modern juridical state, the presence of a flexible and effective executive system has special importance, as not only the juridical act’s smooth functioning but also the country’s economic development and population’s social state is in direct proportion to the effectiveness of the mentioned system. Executive law term is often defined in doctrine as a law of constraint, power, as “enforcement” itself means using force and involvement in a person's rights (by executive party and/or 3rd party) such as ownership, freedom, inviolability of personal life, etc. Therefore, particular significance is given to protection of party interests and their basic rights during executive proceedings to avoid unallowable and disproportional involvement in human rights. Precisely the mentioned matters condition the topicality of the article. Besides this, in a world full of challenges and threats, it is most important to defend personal data in any process to avoid its usage for unnecessary aims. In the enforcement process, out of proceeding means personal data is certainly processed. As in any law field, in the executive law proportionality principle has the vastest load, so protection of this principle in the mentioned process is significant. In the article, faults connected to human rights protection mechanisms in doctrine and enforcement process, and authorial ways of resolving them are presented.

Keywords

• enforcement
• protection
• right