LEGAL STRATEGY FOR THE LIMITATION OF HUMAN RIGHTS INTENDED TO PROTECT THE BASIS OF THE CONSTITUTIONAL FATE, HEALTH, RIGHTS, FREEDOMS AND LEGAL INTEREST OF THE PERSON, PROTECTING DEFENSE AND NATIONAL SECURITY
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The legal strategies as conceptual components of the theory of state and law in modern legal systems, in particular in the system of protection of human rights and freedoms, are explored. A number of normative legal documents, legislative acts of Ukraine, sociological studies, economic, political and philosophical scientific literature of domestic and foreign scholars have been worked out. The problems of the application of legal strategies for the protection of human rights and freedoms in the conditions of the formation of the Ukrainian rule of law are highlighted. The normative-legal and legislative documents are aimed at developing legal strategies for limiting human rights for the protection of the constitutional order, health, rights, freedoms and legal interests of individuals, defense and national security. It is proved that the legal strategy of restricting human rights aimed at protecting its rights and freedoms in certain historical conditions creates the legal conditions in which a person is potentially able to use any of his rights recognized and legally secured by the state. The legal strategies aimed at raising the level of legal protection of certain categories of citizens are analyzed. Actuality of the Ukrainian state of modern legal strategies, in particular in the system of protection of human rights and freedoms, has been proved. It is shown how within the framework of the investigated legal strategy the implementation of the restrictions established by the Constitution of Ukraine and legislative acts on the restriction of human rights, aimed at regulating legal relations in special legal conditions, is foreseen. The project of the system-based Strategy of National Security of Ukraine is considered. The legal strategies for raising the level of legal protection of certain categories of citizens are analyzed. It is proved that such a variety of legal strategies is based on the idea that certain categories of citizens, for various reasons, find themselves in a disadvantage compared to others when it comes to the exercise of their rights and the preservation of their freedoms.
Authors and Affiliations
Поліна Олександрівна Копиленко
Keywords
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