REGULATORY LEGAL PRINCIPLES FOR THE REALIZATION OF PUBLIC RIGHT TO LIBERTY AND INTEGRITY OF THE PERSON

Abstract

Purpose. The purpose of the article is to determine regulatory legal principles for the realization of public right to liberty and integrity of the person beyond the sphere of criminal proceedings (from administrative law standpoint). Methods. The research methodology consists of general and special methods of scientific cognition, including system, comparative and legal, grouping, structural and logical, method of analysis, synthesis, deduction, induction and others that were used while studying the provisions of scientific papers, regulatory legal acts, while forming the directions of the realization of the right to liberty and integrity of the person, system of regulatory legal documents and while making author’s conclusions, propositions and recommendations. Results. The author has clarified the state of scientific developments in the first section of the article in regard to regulatory legal guaranteeing for the realization of the right to liberty and integrity of the person, has characterized regulatory legal acts of general nature as a source of regulatory legal regulation in this area and has defined their specific characteristics. The author has studied special regulatory legal acts in the second section of the article. The specified acts reveal the provisions of regulatory legal documents of general nature concerning the realization of the right to liberty and integrity of the person. Certain directions for the realization of the right to liberty and integrity of the person have been formulated. The author has emphasized the expediency of adopting regulatory legal act that regulates the mechanism for the realization of the right to liberty and integrity of the person and will include the provision on the concept and content of this right, directions of its realization, entities, instruments and procedures of guaranteeing, control over the compliance of this right and legislation in this area, liability for the violation, etc. The author has emphasized the necessity for further scientific research of this issue. A number of international regulatory legal acts have been presented in the third section. Those acts form the legal basis of the directions for the realization of the right to liberty and integrity of the person. The author has provided own vision on the correlation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms with the Civil Code of Ukraine and applied approaches to regulatory legal regulation of the right to liberty and integrity of the person. Conclusions. The author has concluded that the system of regulatory legal acts constitute regulatory legal principles for the realization of the right to liberty and integrity of the person. The level of regulatory legal guaranteeing for the realization of the right to liberty and integrity of the person has been commented. The author has outlined the directions and perspectives of scientific research concerning the realization of the right to liberty and integrity of the person.