Political and legal guarantees of human and civil security

V. Tymoshenko, L. Makarenko
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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
人类和公民安全的政治和法律保障
在这篇文章中,作者考虑了人与公民安全的本质,确定了威胁人与公民安全的因素,以及侵犯包括人身安全权在内的人权所导致的后果。通过人身安全,作者理解在与外部环境对象相互作用时没有危险的状态,以及确保实施宪法权利和自由的法律保障的过程。没有危险就没有安全;它的存在伴随着威胁的出现。人身安全受到战争、社会经济不稳定、贫困、腐败、犯罪、国内种族间和宗教冲突、不公正等因素的威胁。其后果是侵犯人权,主要是生命权和限制其自由。这项研究的主题是相关的。这项研究的目的是找出对人身安全的威胁,并分析通过政治和法律手段消除这些威胁的可能性。本文的方法论基础是辩证法,以及其他几种方法:形式逻辑方法、系统方法、形式法律方法、结构功能方法。结果:人身安全作为人类和公民安全的一种特殊类型,虽然与社会和国家安全关系密切,但却是一种独立的社会-法律现象,需要特别关注。人身安全首先是由宪法、刑法和行政法的规范保证的。但是,限制罪犯的权利和自由,可以同时限制守法公民的权利和自由。这项研究的独创性在于调查个人安全的政治和法律保障,并在考虑法治、公民社会和正义原则的情况下,确定在现代世界提供个人安全的机会。安全作为一种复杂的社会现象,是其他复杂社会系统的一个要素,包括人类、社会、国家以及公共生活的经济、政治和精神领域。安全是所有社会制度运作和存在的一个基本因素。组织社会生活的主体是国家。国际社会在这一进程中也发挥着重要作用
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