Soviet Legality v. Human Dignity (on Materials of Individual Decisions of the European Court of Human Rights)
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
). The article focuses on the need setting off the Soviet concept of legality and recognition the system of human dignity as the basis. One of the significant tasks of domestic jurisprudence is the advancing abandonment of the prevalence of normative understanding of law and the implementation of the concepts of the natural law school (a significant part of which is enshrined in the Constitution of Ukraine). Normative understanding of law in its Soviet treatment as the basis of legal superstructure recognized the will of the ruling class, which was fixed in precriptive texts and which was enforced by the state apparatus with its inherent in hierarchical subordination. At the same time, the purpose of building up socialism was to use by such a state apparatus of any means. The main thing was to comply with the letter of the law (and by-law), even if it restricted / violated human rights (which were not recognized as such and were denied). Therefore, the main attention of scholars and practitioners was focused precisely on the letter of law, formal prescriptions, dogmas of the Soviet jurisprudence, which, moreover, did not provide for a proper argument for a solution to a legal conflict. It is noted that legal practice is still largely derived from the Soviet legal dogmas (as well as a significant part of the scholars). The individual judgments of the European Court of Human Rights, which reasoning is based on human dignity, are analyzed. A detailed analysis of the judgment of the European Court of Human Rights in Vinter and others v. the United Kingdom is provided. The court explained for the first time that the prisoner for life has the right to know, at the beginning of his sentence, what he must do to qualify for release, and under what conditions, including when there is a review of his sentence, or when such a review can be to petitio. It is emphasized that recognition of human dignity involves the recognition of equal opportunities of individuals and the need for a tolerant attitude to each other. It is concluded that in today's conditions of development of a civilized society, the basis of jurisprudence should be human dignity, which requires a radical reassessment of the axiological foundations of relations in society and changes in the domestic legal paradigm.
Authors and Affiliations
A. M. Kuchuk
Keywords
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- EP ID EP574693
- DOI 10.31733/2078-3566-2018-5-86-91
- Views 81
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