Romanuk E. A.

Romanuk E. A.

The article studies one of the most important means of ensuring legal process of social transformation – legal ideology that promotes the establishment of the rule of law and civil society and can strengthen all the national legal system. Traditionally, legal ideology is considered as a set of principles, theories, concepts, which are formed as a result of scientific analysis of the legal development of the society, which in turn generates social and individual justice, promotes the establishment of a specific rule of law, established relationships, affecting all spheres of social life – economy, politics, culture, morality etc. When society reaches its highest development, attaches great importance to the legal ideology as a form of normalization and consolidation of democracy, equality, justice and humanity, and most importantly – human rights and freedoms.

The author concludes that in the reform of the system of Ukrainian society, human rights should be their main goal, which is designed to fundamentally change the paradigm of the historical relationship between the state and individual, rather than a secondary task undertaken reforms as well.

It is stated that the discussion about the nature of law related to the nature of human. Fundamental inalienable human rights – is the barrier that in a state claims to be democratic and legal, can not be overcome in its sole discretion any legislative or executive or judicial branches. They constitute the legal source. Their existence outside the right or without the right is impossible, as the right is inconceivable without human rights.

Analyzes the understanding of human rights in the positiv and natural legal understanding. In terms of positive legal understanding – it is a space of human freedom, which the state gives. However, the author notes that the natural human rights have a wider content. They are intended to provide certain civil, economic, social and cultural benefits. Besides this, natural rights constitute a system of diverse ideas about the destiny of human and his/her place in society. The origins of human rights examines the natural legal doctrine, because without this it is impossible to understand why these rights are inalienable. Human rights – a minimum of general social, human and democratic demands to the legal and social status of each person, the implementation of which must and can be provided in any society, regardless of the features of its social and legal system. Fundamental human rights such as the right of life and liberty recognized natural, inalienable not only because the person is a particular biological or social being, but because the human is a spiritual being. That’s why the natural human rights should not be regarded as something separate, as a unique phenomenon. These rights have arisen because a person exists and develops only in appropriate communication with other people.

These rights are part of a whole, the gap between which will lead to an exceptional abstraction, distorting the essence of the original.

It is noted that the natural, inherent and inalienable human rights and freedoms are crucial in the relationship between human and the government. Natural human rights form the basis of «checks and balances» of the government, which always tends to be out of control society. The above-mentioned quality of human rights capable of giving legislative process attributes criterion measure, overcome, or at least minimize the attributive mismatch gap between law and social practice, the subordination of the current state of society development objectives. In this sense, human rights can be seen as a kind of «cell» construction of legal ideology as a socio-legal phenomenon, which, reflecting the ideological, moral, ethical and legal setting of society, the mentality of the people, their customs and traditions, is the starting element, facilities and resources ensure the country the rule of law and civil society.

Kind of humanistic turn in the direction of social and organizational change to ensure and guarantee the human rights and freedoms today is defining vector civilization processes that occur in every developed country in the world. However, only when the mass activation of political and legal consciousness of this strategic goal, as the experience of the most advanced modern democracies, can be achieved, as in other conditions, the implementation of subjective rights priority over public interests becomes almost impossible.

Key words: natural rights, legal ideology, legal consciousness, positiv legal understanding, freedom.


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