Yearly journal of scientific articles “Pravova derzhava” Volume 30 (2019),
24-28 p.
DOI: 10.33663/0869-2491-2019-30-24-28
Onischenko N.M. Human Rights Control: The Dichotomy of Influence.
The article justifies the need to take into account the dichotomy of the manifestation of such a phenomenon of social reality as control. In particular, three control systems are analyzed (state, public and international), their role in the protection of human rights, freedoms and legitimate interests. According to the first component, it should be noted that control in the broadest sense is an institution of democracy, because democracy in the broad sense is the control over the implementation of public authority in society. Another type of control is public. First of all, it is a control over the redistribution of social space between the state and civil society, coverage of the problems that arise between the state and citizens, and, most importantly, control over the responsibility of the law state to civil society. Regarding the third type of control (international control), first of all, one should dwell on the system of international control guarantees, their supranational level, carried out by supranational institutions. The next part of the review in the article is the relationship between the categories «control» and «freedom». The practical aspect of the plane of implementation of control in democratic legal systems covers the functional ability to ensure the rights, freedoms and legitimate interests of the individual, and means, in fact, the legitimacy of power.
Freedom of the people is ensured only when the people actually organize, without any interference, unions, assemblies, issue laws, elect by their own will all state officials who are charged with enforcing laws and democratic government on the basis of these laws. Thus, we want to note that, for example, careful or «not very careful», but still control over private and family life, is not desirable for any individual.
The article also emphasizes that social justice relationships in society reflect a level of freedom. The specificity of such a relationship is that they are basically legalized. In addition, it is substantiated that the quantity of control does not mean the quality of our life. In this regard, it is indicated that the positions of the detailing of control functions, the consolidation of regulatory bodies and the provision of public, including legal order, are unlikely to coincide. Another example of «excessive control», in our opinion, is the restriction of those who want to get a legal education. The fact is that one of the content of a person’s legal capacity is the free choice of professional activity. Therefore, some warnings regarding the «exaggerated number» of lawyers in the state are incorrect precisely in the context of ensuring the rights, freedoms and legitimate interests of a person.
Key words: control, dichotomy, human rights, human freedom, legitimate human interests, control systems.
References
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3. Konstytutsiini akty Yevropeiskoho Soiuzu (v red. Lisabonskoho dohovoru) / per. Hennadiia Druzenka ta Svitlany Druzenko; za zah. red. Hennadiia Druzenka. – Kyiv: «K.I.S», 2010. – 536 s.
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