FREEDOM – THE RIGHT OF EVERYONE
Anna BILA-KYSELEVA,
Judge of the Dniprovsky District Court of Kherson, graduate student of Taras Shevchenko National University of Kyiv
FREEDOM – THE RIGHT OF EVERYONE
Freedom is one of the highest ideals regardless of his worldview and in whatever family she was born. Right for every human creature on freedom as principle must be inviolable, but an international association justifies limitation of freedom for the sake of the general blessing. Hence, research of maintenance of concept became the aim of the article freedom, as a right each in plane realization of rights and freedoms of man; demonstration of cases of the justified interference is with limitation of freedom that confesses society for the sake of observance of peaceful and civilized life.
Essence of unlimited freedom, that can put beginning to the idea of neglect to interests and rights for other people, boundless permissiveness and even threat to own safety, opens up in the article. The connection «freedom without boundaries - self-destruction» is established.
In addition, the article demonstrates how the State should ensure the protection of the freedoms of one person from interference by other persons and in which cases should refrain from intervention in the affairs of a concrete person, which is regulated by the relevant legislative acts on the basis of the Basic Law of Ukraine - the Constitution. On the example of universal and regional documents, that are part of national legislation of Ukraine essence of limitations that can be applied by the State to the person at the actual observance of rights and freedoms of man is exposed. Certainly, that the aim of the justified limitations of freedoms of man can be based exceptionally on a commonwealth in democratic society.
The features of rule-making are exposes in the article. It is set that only a court in Ukraine checks up legality arrest or detention of person, that assurendly by the State in accordance with legal procedure; provides the grant of legal aid under the Law of Ukraine «On Free Legal Aid».
The article partly demonstrates the implementation of international instruments in national legislation on issues of respect for human rights and freedoms.
Key words: freedom, human rights, international documents.
References
Goncharenko O. M. Human rights in Ukraine: textbook. way. K .: Knowledge, 2008. 207 p. [ukr.]
Ogorodnyk I. V., Ogorodnyk V. V. History of philosophical thought in Ukraine: a course of lectures: textbook. way. K .: Higher school, TV "Knowledge", KOO, 1999. 543p. [ukr.]
Constitution of Ukraine of June 28, 1996 No. 254k / 96-VR, as amended. from 30.09.2016. URL: http://zakon4.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. [ukr.]
UN Universal Declaration of Human Rights; Declaration, International Document of December 10, 1948. URL: http://zakon4.rada.gov.ua/laws/show/995_015. [ukr.]
On the principles of democracy: Resolution 800 (1983) of the CoE Parliamentary Assembly. Law of Ukraine. 2013. No 8. 309p. [ukr.]
On free legal aid: Law of Ukraine of June 2, 2011. URL: http://zakon3.rada.gov.ua/laws/show/3460-17. [ukr.]
Code of Principles for the Protection of All Persons under Any Man Detention or Imprisonment: UN General Assembly Resolution 43/173 of 9 December 1988. URL: http://zakon3.rada.gov.ua/laws/show/995_206. [ukr.]
Convention for the Protection of Human Rights and Fundamental Freedoms. URL: http://zakon2.rada.gov.ua/laws/show/995_004. [ukr.]
On the execution of decisions and application of the case law of the European Court of Human Rights: Law of Ukraine of February 23, 2006. URL: http://zakon3.rada.gov.ua/laws/show/3477-15. [ukr.]
On the Judiciary and the Status of Judges: Law of Ukraine of June 2, 2016 No. 1402-VIII, ed. from 05.01.2017. URL: http://zakon3.rada.gov.ua/laws/show/1402-19. [ukr.]