Protection of human rights and freedom: genesis and modern legislative discourse

Abstract

In the context of the analysis of historical prerequisites, contemporary international and national normative legislation, scientific works of researchers, the issue of ensuring human rights and freedoms as a priority of the rule of law is revealed, the essence of the leading definitions of "law" and "freedom", which are the benchmarks for the deployment of the process, are highlighted. in Ukrainian society.
The purpose of the article is to reveal the essence of protection of human rights and freedoms as a priority for the functioning of the rule of law and its institutions, the basis for legal education and the promotion of the rule of law among the population.
The study found that the active integration into international law of international legal standards on human rights and freedoms began with the proclamation of independence and the adoption of a basic law – the Constitution of Ukraine, which secured the right of all categories of population to protect rights and freedoms, for the first time instead of a fragmentary set of rights and freedoms. The system of rights and freedoms was defined in all major spheres, civil, political, economic, social and cultural rights and freedoms of man and citizen were envisaged.
It is stated that today the category of "human rights and freedoms" is recognized in Ukraine, as well as in the world the normative and substantive basis for building relationships between the individual and the state, the society by which the limits of arbitrary actions and social opportunities of the person are regulated, institutional and regulatory and legal mechanisms of restrictive interaction between man and society.
The basic rights and freedoms laid down in the normative documents of Ukraine are analyzed: the Criminal Code, Laws of Ukraine "On Freedom of Movement and Free Choice of Residence in Ukraine", "On Prevention of Domestic Violence", "On Transplantation of Organs and Other Human Anatomical Materials", "Fundamentals of Ukrainian legislation on health care", etc.
The social purpose of special state institutes engaged in law enforcement activities is disclosed, in particular, the leading role of structures of law-enforcement bodies in ensuring human rights and freedoms is determined. It is proved that the priority of human rights and freedoms is an important guideline for the implementation of the state’s law enforcement function.