Definition legal remedies for human rights
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 2, Issue 2
Abstract
The analysis of scientific publications of domestic and foreign researchers, which concern different approaches to the study of such a phenomenon as "legal remedies for human rights", is carried out. The scientists' views on the protection of human rights in relation to guarantees of human rights protection are presented. The author pays attention to the definition of such a legal category as legal regulation. The relationship of legal regulation and such a legal category as legal means is mentioned, and their description is made. The peculiarities of the nature of legal means are also revealed. The author focuses on the fact that rights and freedoms of man and citizen are not any abstract content of the law-governed state, but they require the solution of specific tasks – recognition and promotion of such rights, freedoms and legitimate interests. Such promotion involves safeguarding and protection of the rights of citizens, which provide for the establishment of proper mechanism for promotion and protection of human rights. The approaches of researchers to the process of state-legal promotion of human rights are considered and the main directions of the state activity in the specified sphere are outlined. The main purpose of legal means is determined. Attention is paid to the basic methods, methodological principles, by means of which such a phenomenon as legal remedies for human rights is investigated. Legal activity is considered from the standpoint of socio-philosophical theory. A classification of legal activity by types was conducted. The main types of legal activity include remedial activity, law enforcement activity. These types of legal activity are described. The place of legal remedies in these types of legal activity is determined. The purpose of such activity is indicated. Describing the state of the scientific elaboration of the problem, the author ascertains that legal means of protecting human rights are legal remedies defined at the national and supranational level, the direct application of which helps a person to protect completely his/her infringed rights in the remedial activity. In addition, these legal remedies for human rights should be fully ensured at the national level and in any case should not be questioned and should be enforced by all members of society. Thus, legal remedies for human rights are the necessary components that ensure the development of the state and society.
Authors and Affiliations
Yuriy Payda
Keywords
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- EP ID EP556777
- DOI 10.31733/2078-3566-2018-3-16-20
- Views 102
- Downloads 0
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