Human rights as the foundation of modern development of law in Ukraine
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2016, Vol 1, Issue
Abstract
Today issues on human rights are present practically in each sphere of the society’s life and correspondingly play the special role. As the modern Ukraine is in the transitional condition of establishing legal, state, social institutions, the process of the civil society’s development needs the exposure of legal relationships character in the condition of the transitional period. After all the relationships in the civil society have to be formed on the basis of understanding of inherency and cogency of human natural rights. The positive state should be based on them. They are the pledge for the efficiency of all the system of social relationships. Nowadays we can state that scientists (V. Nersesyants, M. Kozyubry) express their opinion on the integral connection of law and human rights. Consequently we van admit that in the centre of law there is a human, an individual as an object of perception, establishment and law execution. Law, as human rights, appeared not all of asudden. Their appearance and establishment are closely connected with the society’s development, in the result of which they obtained gradually the independent meaning. Modern processes (globalization, regionalization, universalization and etc.) influence apparently on human rights, and consequently on the law. The beginning of the XX century witnesses changes as in the informative parameters of human rights and as in the forms and means of their realization [1, p. 4]. The second half of the century was marked by the law development in the direction of autonomous personal defense. At the heart of the modern law development should be a human and his / her rights as the peculiar standard. Thus the national judicial system should be based correspondingly on the principles and criteria of human rights. However the mentioned means not their mechanic securing. The establishing process of human values and liberties should occur on each level (either on the national, or the world’s one), and especially on the level of separate individuals.
Authors and Affiliations
А. М. Журавльова
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