Vasetsky Viacheslav Yuriyovych
Vasetsky Viacheslav Yuriyovych. Legal responsibility of the state as a factor of humanization of the legal system in the sphere of human rights and freedoms
The main purpose of the paper is to study the problem of the humanistic orientation of the state in connection with the following two actual problems: the mutual influence of legal systems in the conditions of globalization, which involves the creation of common legal standards; legal responsibility of the state to a person in the field of human rights and freedoms.
The legal responsibility of the state in relation to person in the sphere of human rights and freedoms is analyzed. The general social and legal guarantees of rights and freedoms of the person and the citizen are considered. International and national legal guarantees of human rights are considered. It is noted that the application of the institute of legal responsibility of the Ukrainian state is conditioned by the ratification of the European Convention on Human Rights and Fundamental Freedoms and related obligations of the state. At the national level, the legal responsibility of the state is in the form of ensuring the constitutional human rights and freedoms which are reflected in the Constitution of Ukraine.
Specificity of legal liability of the state in relation to guarantees of protection of human rights consists in warranting of human rights at the constitutional and legislative levels. Their performance is obligatory for public authorities, local government, officials.
It is made the conclusion that the humanization of the legal system of Ukraine today is one of the most important problems. Humanist orientation of legal policy in the modern conditions of globalization and tendencies of convergence of legal systems are universal principles that reflect the movement towards the recognition of man as one of the highest values of civilization and related with important element in modern law - the legal responsibility of the state to a person in the field of human rights and freedoms.
The important factor in the possibility of joining of Ukraine to the European community is positive progress in overcoming corruption, improving the judicial system of Ukraine, bringing it to European standards, implementing a socially oriented policy and related changes in the legal sphere that will help at the state level in the formation of Ukraine, as a free and independent state.
Key words: human rights, legal responsibility of the state, international and national legal guarantees.