Positive approach to determination of subjective rights in legal status (end of XIX – beginning of XX century)
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
Society should grow in the sense of impossibility to violate the norms that are system-forming in the construction of this castle of mutual respect for everyone to everyone. By the time society tolerates violations of such constate as human rights, the state will test it for strength in its desire to live better. More or less complete reproduction of the enshrined human rights and freedoms is possible only in a legal state. F.V. Taranovsky defined the higher level of penetration of the right to a state organization as "a principled recognition of legal relations between the state and subjects in the order of government and, on this basis, the establishment of subjective public rights of citizens". Under "public subjective rights" he meant, rather, political in its essence, rights, namely: the right to participate in power, the right to freedom from power and the right to promote power. That is, the criterion for the classification of subjective rights lawyer chose the degree of freedom of the individual from the influence and control of power. The authorities establish the legal precepts of the behavior of each person, the same and violates them. Therefore, a person must have a certain degree of freedom from power and pressure. In defining the main features of the rule of law, F.V. Taranovsky came to the conclusion that a legal state can exist only when combined the rule of law and the system of subjective rights that complement each other. Legitimacy defines the legal forms of manifestation of state power, and the system of subjective rights shows the legal limits for the manifestation of state power. The scientist proposed to establish a system of subjective rights in the so-called major (constitutional) laws, which stand above all other (ordinary) existing laws in the state. The deprivation of the exercise of these rights is possible only in emergency situations, on the basis of the basic laws defining the competence of the extraordinary indicated right in the order of supreme rule.
Authors and Affiliations
L. M. Mudriyevskaya
Keywords
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- EP ID EP573490
- DOI 10.31733/2078-3566-2018-5-39-43
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