- Journal Issues
- № 1 2017 Actual problems of criminal justice
- Problems of interdisciplinary research
- General theoretical and praxeological understanding of human rights
General theoretical and praxeological understanding of human rights
Review
The article investigates general theoretical and praxeological understanding of human rights. The paper studies basic scientific approaches to the interpretation of the term "human rights": naturally legal and positivist conception. The authors emphasized the special role of the Institute of Human Rights in the process of reforming the system of criminal legal proceedings.
The article states that violation of human rights becomes the norm for modern legal genesis of Ukraine. The negative effects of this trend are increasingly affecting the livelihoods of everyone. This fact makes destructive impact on relations between individuals and legal entities with the authorities. Particularly acute the problem of human rights violations presents within the implementation of criminal legal proceedings. This negative trend directly indicates the presence of theoretical and praxeological problems in defense and protection of inalienable human rights as a whole in Ukraine and in the course of criminal proceedings in particular.
To the large extent the root cause of human rights violations within the criminal proceedings are significant gaps and conflicts of domestic criminal procedural law. However, a prerequisite for effective regulatory reform should be scientific and analytical conceptual research of general understanding of the institution of human rights, which will make it possible to work out effective ways to reform the regulatory consolidation of the mechanism of implementation and protection of human rights in criminal proceedings.
After analyzing the concepts, scientific approaches and interpretations of human rights, some thoughts of great figures of the past and present, the authors believe that the concept of "human rights" should be considered as the general theoretical and in the praxeological sense.
Thus, human rights in general theoretical sense – is the direction of human life, which is derived from human nature and that people use to meet their vital needs, especially for implementation, protection and defense of their freedoms and interests. These rights are recognized by all constitutional states and cannot be separated from a person.
Meanwhile, human rights in the praxeological sense – is a legal possibilities that go along with the person or legal personality acquired through that and used prescribed and provided in legal way to achieve concrete or abstract goals determined by a person.
Keywords: human rights, natural and legal concept, the positivist conception, the protection of human rights, human rights in criminal proceedings.