THE PRINCIPLE OF NON-INTERFERENCE IN A PERSONAL LIFE AS A MANIFESTATION OF FREE WILL

Abstract

Introduction. The article is devoted to the connection of free will with the principle of inadmissibility of arbitrary interference in the sphere of a person's private life. Civil law is based on the basic principles that underlie it. A full understanding of the legal nature of these principles will allow a deeper understanding of the paradigms and vectors on which civil law develops. At the same time, at the heart of all the principles of civil law is the legal definition that determines all its ideas. Freedom of will is recognized as such a basis. In the study, the author argues that freedom of will is the fundamental basis for the principles of civil law. The connection between the principle of inadmissibility of arbitrary interference in the sphere of personal life and freedom of will has also been proved. Summary. First of all, the connection of free will with the principle of inadmissibility of arbitrary interference in the sphere of a person's private life is recognized as unambiguous. The principle of inadmissibility of arbitrary interference in the sphere of a person's private life is multidimensional and corresponds to a large number of civil and constitutional rights. In particular, in Art. 32 of the Constitution of Ukraine stipulates that no one may be interfered with in his personal and family life, except in cases provided by the Constitution of Ukraine. Recognition of a person's private life and prohibition of arbitrary interference in it runs like a red thread through all legislation. The combination of the principle of inadmissibility of arbitrary interference in the sphere of personal life and freedom of will should be justified by the thesis that the law governs the external relations of freedom of one person to the freedom of others, and morality - the internal motivations of the person. Conclusions. freedom of will is necessarily manifested in the application of the principle of inadmissibility of arbitrary interference in the sphere of personal life. On the one hand, this principle proclaims the protection of free will applied in the private life of man. On the contrary, this principle restricts the freedom of will of other parties to the legal relationship by prohibiting arbitrary interference.

Keywords

• freedom of will, principles of civil law, private life, arbitrary interference, human rights.