实现公共自由和人格完整权利的规范性法律原则

Z. Pelekh
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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. 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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. 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引用次数: 0

摘要

目的。本文的目的是确定在刑事诉讼范围之外(从行政法的角度)实现公共人身自由和完整权的规范性法律原则。方法。研究方法包括一般和特殊的科学认知方法,包括系统、比较和法律、分组、结构和逻辑、分析、综合、演绎、归纳等方法,这些方法在研究科学论文的规定、规范性法律行为、形成人身自由和完整权的实现方向、规范性法律文件的体系和得出作者结论时使用。提案和建议。结果。在文章的第一节中,作者就实现人身自由权和完整权的监管性法律保障的科学发展状况进行了澄清,并将一般性质的监管性法律行为定性为这一领域监管性法律规制的来源,并界定了其具体特征。本文第二部分对特殊规制法律行为进行了研究。具体行为揭示了关于实现人身自由和完整权利的一般性质的规范性法律文件的规定。已经制定了实现人身自由和完整权利的某些指示。作者强调了采取规范人身自由和完整权实现机制的规范性法律行为的权宜性,将包括对人身自由和完整权的概念和内容、实现方向、保障的实体、手段和程序、对人身自由和完整权的遵守控制和这方面的立法、侵犯的责任等方面的规定。作者强调了对这一问题进行进一步科学研究的必要性。第三节介绍了一些国际管制法律行为。这些行为构成了实现人身自由和完整权利的指示的法律基础。作者就《保护人权和基本自由公约》的规定与《乌克兰民法典》的相互关系提出了自己的看法,并提出了对人身自由和完整权的管制性法律管制的适用办法。结论。规范性法律行为体系构成了实现人身自由权和人格完整权的规范性法律原则。对实现人身自由权和人格完整权的规范性法律保障水平进行了评述。作者概述了有关实现人身自由和完整权利的科学研究的方向和观点。
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REGULATORY LEGAL PRINCIPLES FOR THE REALIZATION OF PUBLIC RIGHT TO LIBERTY AND INTEGRITY OF THE PERSON
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.
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