Natural-Legal Theory as a Source of the Modern Russian Concept of the Rights and Freedoms of a Person

Abstract

In article the genesis and development of the theory about the rights and freedoms of a person are studied. Works of classics and modern scientists about the reasons of their emergence, about justification of giving to the rights and freedoms of natural character are analyzed. Features of formation and evolution of the natural-legal theory in Russia are investigated. Negative consequences of denial of the theory during the Soviet period and her positive influence on process of democratization of the Russian society during the postsoviet period are noted. The problem of a ratio of the natural right with positive law, their influence at each other, completeness of legal fixing of the rights and freedoms of the person is solved. The changes in the theory about natural human rights which have arisen under the influence of process of historical development of society are considered. As a result of a research the author comes to a conclusion about a positive role of the theory about the natural rights and freedoms of the person in general and also about her positive influence on modern science of constitutional right and law-making.