ON THE QUESTION OF THE NORMATIVE DEFINITION OF THE OBJECT OF THE RIGHT TO DIGNITY
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3
Abstract
Dignity is a moral property of the person which reflects her unique, unsurpassed value. Objectively, the dignity of the individual is determined by its behavior, intellectual and educational level, lifestyle, attitude to the environment and other factors. Each person as an individual is Saint, she had certain moral and intellectual traits that it tends to be perceived as positive and important for the society, which means her self-esteem. On the intrinsic value of man and his dignity must take into account the environment. The humiliation of the face is the attribution of human unworthy acts, humiliating feature of his mental and other personal qualities, of committing against her humiliating actions, placing her in an unfavorable light before the environment etc. The idea of the equal dignity of all people is the ideological source of their equality, a barrier to the establishment of unjustified privileges or restrictions. Therefore, the state should create appropriate conditions and means of compliance with the principles and rules of law that ensure the realization, protection and enforcement of individual rights to respect for her dignity. The content of the right to respect for human dignity is statutory and guaranteed by the state a set of rules that give each person confidence in their social values, the opportunity to realize himself as a personality, to respect their own moral principles and ethical standards, to insist on respect for other people, state bodies and their officials and officers, and to require that any doubts about its moral and ethical principles have been properly substantiated. The current Constitution of Ukraine in article 28 enshrines the right of everyone to respect for his dignity. In our opinion, the constitutional consolidation of the right to respect for dignity is not enough to protect it. Requires addressing the normative question of determining the object of the right to dignity. As a General rule, objects of legal relations arising from the implementation of specific subjective rights are determined by civil law. The first step towards solving this problem should be a statutory definition of “dignity”, which, unfortunately, today in the Ukrainian legislation does not exist. In our opinion, it is of fundamental importance, because the terms used in the law must be interpreted, to understand clearly and adequately the value of the content of the rule in strict accordance with the intentions and will of the legislator.
Authors and Affiliations
Natalia Marushchak
Keywords
Related Articles
- EP ID EP282092
- DOI -
- Views 136
- Downloads 0
CURRENT STATUS AND RELATIONSHIP RESEARCH CONSPIRACY SEARCH OPERATIONS AND CRIMINAL ACTIVITIES
This article is devoted to systematize the existing theoretical knowledge of criminal conspiracy and operational activities. The analysis of the provisions of scientific papers Representatives of criminal law and procedu...
TOPICAL ISSUES OF THE BEGINNING OF PROCESSUAL ACTIVITY FOR THE NEW CPC OF UKRAINE
The problems of the criminal procedural activities under the new Code of Ukraine. The author expressed some concerns and justified proposals for improving the legal regulation of the said activities.
TRANSFORMATION OF NATIONAL SECURITY CONCEPTS IN THE CONTEXT OF GLOBALIZATION
This article deals with the notion of «safety», «national security of the state», concepts and types of na- tional security through the prism of the processes of globalization, its threats and challenges. As the authors...
INSTITUTE OF CRIMINAL RESPONSIBILITY FOR DENIED FROM THE CONTENT OF DISABILITIES: THE MODERN LEGAL EXPERIENCE OF THE FAR EAST COUNTRIES
Turning to the current sources of modern criminal law in the Far East, the authors of the article lead, review, compare and summarize the content of those criminal law provisions that provide for criminal penalties for e...
ABOUT ADVISABILITY OF A LEGAL REGULATION OF THE BEGINNING OF PRE-TRIAL INVESTIGATION AS EXCEPTIONAL POWER OF THE PROSECUTOR
The powers of the prosecutor in pre-trial proceedings are closely related to the scope of its functions. Powers "help" the prosecutor to ensure a positive outcome for all functions of the prosecution of him in the course...