Юридичний часопис Національної академії внутрішніх справ (Dec 2022)
Political and legal guarantees of human and civil security
Abstract
In this article, the authors consider the essence of human and civil security, determine the factors that threaten it, and the consequences that violations of human rights, including the right to personal security, lead to. By personal security, the authors understand the state of absence of danger when interacting with objects of the external environment and the process of ensuring legal guarantees for the implementation of constitutional rights and freedoms. Security cannot exist without danger; it finds its existence with the emergence of threats. Personal security is threatened by wars, socio-economic instability, poverty, corruption, crime, domestic interethnic and religious conflicts, injustice, etc. The consequence is a violation of human rights, primarily the right to life and restrictions on its freedoms. The, the subject of this study is relevant. The purpose of this study was to find threats to personal security and analyse the possibilities of their elimination by political and legal means. The methodological basis of this paper was the dialectical approach, as well as several other methods: formal logical, systematic, formal legal, structural-functional. Results: personal security, as a special type of human and civil security, despite its close relationship with the security of society and the state, is an independent socio-legal phenomenon that requires special attention. Personal security is ensured, foremost, by the norms of constitutional, criminal, and administrative law. Restriction of the rights and freedoms of offenders, however, may be accompanied by restriction of the rights and freedoms of law-abiding citizens. The originality of this study lies in the investigation of political and legal guarantees of personal security and the identification of opportunities for its provision in the modern world, considering the principles of the rule of law, civil society, and justice. Security as a complex social phenomenon is an element of other complex social systems, which include a human, society, the state, as well as the economic, political, and spiritual spheres of public life. Security is an essential factor in the functioning and very existence of all social systems. The main subject that organizes the life of society is the state. The international community also plays an essential role in this process
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