scholarly journals RIGHTS, FREEDOMS AND DUTIES OF A MAN AND A CITIZEN AS THE CONTENT OF CONSTITUTIONAL AND LEGAL STATUS

2020 ◽  
Vol 1 (3) ◽  
pp. 34-42
Author(s):  
O. O. Boyarsky ◽  
B. Ya. Kofman

The article is devoted to the consideration of human and civil rights, freedoms and responsibilities as the content of its constitutional and legal status. First, the author briefly analyzes the concept of constitutional and legal status of the person, outlining some problems of its understanding. The categories of constitutional rights, freedoms and duties of man and citizen are further studied, as well as their relationship between them. It is noted that the most common criterion for the separation of constitutional rights and freedoms of man and citizen is the sphere of society. In this regard, the constitutionally enshrined rights and freedoms of man and citizen are divided into civil (personal), political, economic, social, cultural. The importance of the transition from the declarative fixation of the rights, freedoms and responsibilities of a person in the Constitution of Ukraine to their implementation is noted. It is determined that human rights and freedoms as elements of the constitutional and legal status have common bases of consolidation, guarantee, protection and defense, but differ in implementation (rights require certain mechanisms or means, and freedoms do not need). At the same time, human freedom is a fundamental category in relation to human rights. In turn, the duty of man and citizen is a measure of the necessary behavior of the person, the minimum requirements imposed by the state on the person. Due to its nature, a person's duty is more positive and therefore requires clear regulation in law. The importance of duty as an element of the constitutional and legal status of a person and a citizen lies in the implementation of its preventive function, due to which the interests of the individual, society and the state should not be harmed.

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
A.Ahsin Thohari

Abstract: Pancasila is the ideal of the state (staatsidee). It also serves as legal ideal (rechtsidee), fundamental of philosophy (philosofische grondslag), fundamental state norm (staatsfundamentalnorm), and view of life (weltanschauung). It is a flexible ideology that can be drawn, pressed, and broaden to cover almost all circumstances. The perspective and mindset forming the constitution concerning human rights, and citizen constitutional rights had changed due to the changes in worldview attitudes, internationalism, and cosmopolitanism about human and constitutional rights. The constitution in Indonesia had changed several times. However, the provision of the civil rights in the Indonesian constitutions or known as constitutional rights were not eliminated in the 1945 Constitution (since august 18th 1945), the 1949 Union Republic of Indonesia Constitution, the 1950 Temporary Constitution, the 1945 constitution (after the President Decree in July 5th,1959) and 1945 constitution after amendment. Pancasila, also known as five principles, has the function as the bedrock of Indonesia. However, as a philosophical principle, Pancasila can interpret in myriad perspective, potentially used for multiple purposes. Abstrak: Pancasila sebagai cita negara (staatsidee). Pancasila yang juga berfungsi sebagai cita hukum (rechtsidee), dasar filsafat (philosofische grondslag), norma fundamental negara (staatsfundamentalnorm), dan pandangan hidup (weltanschauung). Pancasila adalah ideologi yang bersifat fleksibel yang dapat ditarik, ditekan, dan dilebarkan untuk mencakup hampir semua keadaan. Cara pandang dan pola pikir pembentuk Undang-Undang Dasar (UUD) terhadap Hak Asasi Manusia, konstitusi, dan hak-hak konstitusional warga negara mengalami perubahan yang diakibatkan oleh perubahan sikap-sikap pandangan dunia, internasionalisme dan kosmopolitanisme tentang HAM dan hak konstitusional. Konstitusi di Indonesia telah mengalami beberapa kali perubahan, namun ketentuan-ketentuan tentang hak-hak warga negara dalam konstitusi-konstitusi Indonesia atau yang lebih dikenal dengan hak konstitusional tidak pernah hilang, baik dalam UUD 1945 yang berlaku mulai 18 Agustus 1945, Konstitusi RIS 1949, UUDS 1950, UUD 1945 setelah Dekrit Presiden tanggal 5 Juli 1959, dan UUD 1945 setelah Perubahan. Pancasila, yang juga dikenal sebagai lima prinsip, berfungsi sebagai landasan negara Indonesia. Namun, sebagai prinsip filosofis, pancasila dapat ditafsikan ke berbagai perspektif yang dapat digunakan untuk berbagai tujuan. Kata Kunci: Cita Hukum (Rechtsidee), Pancasila, Hak Konstitusional


Author(s):  
Aleksandr Podmarev

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.


2016 ◽  
Vol 9 (4) ◽  
pp. 523-535
Author(s):  
Isma’il al-Shatti

Arab constitutions, for the most part, specify and guarantee human rights in their wordings. However, the reality of the individual in the Arab nation reveals something quite different from that which is written in the constitutions. The state is charged with providing citizens with sufficient opportunities by granting them the right to participate in political, economic, social and cultural life in addition to rendering the private life and private affairs of individuals inviolable. Arab regimes' commitment to democracy is tenuous and in the main, these regimes preserve reference to democracy in their constitutions simply as a means for improving the image of the regime and as a pro-forma attempt at applying a modus operandi of a modern state. Despite the fact that laws are promulgated to regulate political work, the press and media, and the institutions of civil society, they are deprived of their function and impact through superficial or highly restricted legislation. For more than five decades, academic researches and writings on the obstacles to transitioning to democracy have increased and multiplied; and various ideas and opinions on the subject have been advanced. This article attempts an explanation of the phenomenon of Arab authoritarianism which fostered the crisis of the ‘Arab Spring’ and explores the reasons for the failure of democracy in the region.


2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.


2020 ◽  
Vol 11 (11) ◽  
pp. 127-133
Author(s):  
Kotenko Т.

The article deals with the historical stages of the creation, development, and formation of a human rights institute. The ideological and theoretical heritage of Ancient Greece and Rome, which is the basis for the study of ideas about justice, social equality, and human freedom, is analyzed based on the analysis of the fundamental ideas of the most famous thinkers of antiquity. It was the philosophers of antiquity who initiated the concept of "natural law", which was formed over the centuries by the desire of man to understand the world, determine his place in society and politics. From the time of antiquity, the concept of human rights gradually began to emerge; Subsequently, the concept of equality, freedom of person, person, and citizen were formed. Ancient philosophers came up with the idea of law in general and the idea of human rights under the requirements of their time and conditions of social development. Over time, the ancient perception of social equality, justice, dignity, independence, and freedom of man became the starting point and benchmark of European political culture. The early period of the development of political and legal doctrines in ancient Greece is associated with the time of the formation of ancient Greek statehood. It was at this time that an attempt was made to give rationalist ideas about ethical and legal order in human affairs and relations instead of mythological ones. It should be noted that ancient Greek views on human rights were formed in mythological ideas about the origin of policies and divine justice. That is why rights come from the divine order of justice, which became the basis for the category equality. Only what corresponded to the concept of equality (within the concept of justice) was understood as right. In ancient Greek politics, customs and mono-norms gradually transformed towards protecting the dignity of citizens. The polite democracy gave impetus to the emergence of freedom, which promoted the emergence of equal political rights among the citizens of this policy. In the Greek city-state, the law first emerged as a specific phenomenon, and the life of the policy began to be compulsory for everyone. Subsequently, the Pythagoreans (VI –V centuries BC) formulated an important role in shaping the idea of legal equality and justice, using numerical proportions, that is, the ratio of certain parameters. The provision that "fair is to pay another equal" essentially introduces the coupon principle. Subsequently, this reflected Solon (7th-6th centuries BC) in his reforms. It eliminated debt slavery and, as a result of the compromise between nobility and demos, introduced a moderate censorship democracy in Athens. All citizens of the policy should equally be protected by the law and obey its mandatory rules (1). Recognized the law as a requirement of legal equality of free citizens of the policy, slaves did not apply the legal rules. Equality was considered in two respects: equality in law and equality before the law. Developed by Roman lawyers provisions in which a person acts as a subject of law, determine the legal status of a person, establish the freedom and formal equality of people under natural law, define Roman citizenship as a special legal status of a person, the distribution of the right to private and public, etc. contributed to the awareness of legal the importance of human rights in the context of the systematic doctrine of the legal nature of the relationship between the individual and the state. Roman law, extending to a state which it regarded as the object of its study along with positive law, ensured a legal relationship between the state and the individual, which was crucial for the development of the institution of the protection of individual rights in the world at that time (14, p. 119). In relation to individuals, the state was not above the rule of law, but directly its component part, which has all the basic properties of a law. The basis of a just and legal relationship between the individual and the state recognized the law, not the state. The individual and the state must be law-abiding subjects of legal relations, that is, act according to the rules of law. Conclusion. To sum up, we can point out that the first theoretical developments and statutory provisions of the law go back to ancient times. The thinkers of Ancient Greece and Rome initiated the basic concepts of justice, equality, autonomy. It was then that ideas about political rights, lawmaking, democracy, and the personal responsibility of citizens were formed. However, freedom was not universal, it did not belong to slaves, and they were not the subjects of relations in the policy. The population of the policies was divided into different social and ethnic groups and accordingly had different legal status. Such inequality was the norm, so the priority was given to a policy or state that was enshrined in legislation. However, in Ancient Greece, there were also certain individual rights of citizens such as the right to speak; private property rights; the right to participate in government; the right to hold office; to participate in national meetings; the right to participate in the administration of justice; the right to appeal against illegal acts, etc. In Ancient Rome, this list was supplemented by the right to bargain, freedom of movement, the right of the people's tribune to veto, the ban on torture, the adversarial process of the lawsuit, etc. Keywords: Antiquity period, city-policies, human rights, legal equality, society, justice.


Author(s):  
O.S. Shevchenko

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).


Author(s):  
Borys Kofman

Topical issues of the processes of forming the paradigm of procedural and stage support of norm-designing of legal status of aperson and a citizen in the constitutional law of Ukraine are investigated, and considerations regarding their normative-technologicaldecision, support and provision are given.It is stated that the search for optimal models of the relationship between the state and the individual has always been a difficultproblem, but at the heart of its positive solution is a high and qualitative level of standard-project activity in the sphere of normative(legislative) maintenance of the constitutional and legal status of a person (individual) and citizen. Analyzing the formation and development of such a constitutional-legal status in different states in historical retrospect, it isnecessary to pay close attention to its evolutionary-dynamic character – the amount of rights and freedoms that the state gave its citizensvaried precisely in the dependence and understanding of its chronological development, – optimal models were crucially dependent onthe nature of society, type of property, democracy, development of economy, culture and other objective conditions, but they were alsolargely determined by the government, the law, s, the ruling class, that is, subjective factors.In the process of finding models of the relationship of the state with the person (personality), the main difficulties were not onlythe establishment of such systems and order, in which the personality would be able to freely develop their potential (abilities, talent,intelligence), and national goals – the fact that unites all – would be acknowledged and respected, and the relevant technologically-formalizedaspects of the activities of authorized persons for normalization, normalization, formulation, formalization, legalization, implementationand guarantee of implementation of normative guidelines that contain constitutional rights, freedoms and responsibilities ofthe individual (individual) and citizen – they arise in the process of norm-making (law-making), an important part of which is the normprojectactivity in the sphere of formation and development of such constitutional-legal status.It is proved that in the process of defining the architectonics (structure) of the legal status of a person and a citizen, which is thecore of the normative expression of the basic principles of the relationship between the person and the state – in order to carry out normoprojectiveactivity in the field of expertise we face a number of difficulties of a definitive, methodological, ontological, ontologicaland a praxeological property that is directly relevant to the norm-design and find their solution in the process of such activity and itsresults, because the profile status is obtained from OE expression of the rights, freedoms and duties of man.


Author(s):  
Abdallah A Sherif , Badruddin Haj Ibrahim

This study examines the nature and circumstances of the nullity of the arrest of the accused and the consequent legal responsibility for those who implement it in the Libyan legislation. To arrest someone is one of the most dangerous measures against human freedom and affects one of the most significant human rights: the right to freedom, The study relies on the analytical descriptive approach to describe the legal responsibility resulting from the nullity of the procedures for the arrest of the accused by examining and analyzing the legal provisions and the judicial authorities concerned in the Libyan law, to identify the conditions of the nullity of the arrest and its nature and types and effects on the resulting evidence, as well as an assessment of the position of the Libyan legislature towards the legal responsibility. The findings of this study reveals a number of results, the most important: that there is a clear judicial disorder and a big difference between the explanation of the law on the type and nature of nullity resulting from violation of guarantees of arrest. It also reveals that the crime of unjustified arrest varies depending on its source, as individual arrest made by another individual does not violate the freedom of movement of the individual but rather to violate the right itself. Most of the Arab legislation, including Libyan legislation, has taken the theory that the state is not responsible for the work of the judiciary. The Libyan legislator did not directly state the responsibility of the state for the illegal arrest of the judicial officers, and attributed this to the general rules of responsibility.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?


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