国家安全领域人权形成与发展的缘起

D. Chyzhov
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引用次数: 0

摘要

本文旨在研究人权在国家安全领域的形成与发展的起源,并从人权的角度厘清未来国家安全的法律模式。本文的目的是阐明人权在国家安全领域的历史背景和起源。研究方法论是以科学认知的一般科学辩证方法为基础的。此外,为了在国家安全领域更全面地研究人权的起源,采用了特殊的科学方法,特别是历史法学、形式-法律主义、形式-逻辑、语境预测方法。第1条认为,保护人权和公民权利和自由不受侵犯的程度取决于对每一项权利和自由的保障程度。根据保障人权和公民权利与自由的原则,在乌克兰宪法和现行立法中直接加强了这些权利和自由。国家可以根据自己的选择选择一种确保国家安全的路线,从而为社会发展创造有利条件,保护个人、社会和国家自身的切身利益不受内部或外部威胁,这种立场可以称为国家安全政策。需要强调的是,国家安全领域人权发展的当前阶段是从乌克兰与欧洲联盟、欧洲原子能共同体及其成员国之间通过联系国协定开始的。在保障国家安全权主体性的背景下,安全权是基本人权之一,具有绝对权利的特征,同时也是国家安全领域特定法律关系中的主体性权利。人的主体性概念中的安全权作为以人为中心的法律现实的初始定式具有公理意义。认为构成国家安全法制度核心的法律规范应该是国家安全领域的人权规范,民族中心主义原则应该是国家安全法的基础。在乌克兰,在国家安全方面改革人权立法的进程正在进行中,需要进一步改进。特别是在制定和通过乌克兰网络安全战略方面,这是一份长期规划文件,确定了乌克兰在网络安全领域的国家利益优先事项。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
GENESIS OF THE FORMATION AND DEVELOPMENT OF HUMAN RIGHTS IN THE FIELD OF NATIONAL SECURITY
The article is devoted to the study of the genesis of the formation and development of the human rights in the field of national security and to clarify the future legal model of national security in the term of human rights. The purpose of the article is to elucidate historical background and genesis of human rights in the field of national security. The research methodology is based on the general scientific dialectical method of scientific cognition. In addition, for the more comprehensive research of the genesis of human rights in the field of national security special scientific methods were used, in particular, historicallegal, formal-legalistic, formal-logical, contextual method of prediction. In article argues that the degree of protection of human and civil rights and freedoms from their violation is determined by the level of guarantee of each of these rights and freedoms. In accordance with principle of guarantee of the human rights and civil rights and freedoms, their strengthening is carried out both directly in the Constitution of Ukraine and in the current legislation. Position according to which state can choose to select a course that ensure national security in order to create a favorable condition for social development and provide the protection of the vital interest of the individuals, society and the state itself from internal or external threat can be called a policy of a national security. It is emphasized that the current stage of the development of the human rights in the national security began with adopting of the Association Agreement between Ukraine, on the one hand, and European union, the European Atomic Energy Community and their Member States, on the other. It is stated that among the fundamental human rights in the context of ensuring the right of national security to its subjectivity is a right to security, which has a feature of absolute right and at the same time is a subjective right in a specific legal relation in the field of national security. The right to security in the concept of human subjectivity has axiomatic significance as the initial formula of human-centered legal reality. It is concluded, that legal norms that constitute the core of the institution of national security law should be the norms of human rights in the field of national security, and the principle of ethnocentrism should be the basis of the national security law. In Ukraine the process of reforming human rights legislation in the aspect of national security is ongoing and needs further improvement. In particular, in terms of development and adoption of the Cyber Security Strategy of Ukraine, a longterm planning document, which determines the priorities of national interests of Ukraine in the field of cybersecurity.
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