ГЕНЕЗИС СТАНОВЛЕННЯ ТА РОЗВИТКУ ПРАВ ЛЮДИНИ У СФЕРІ НАЦІОНАЛЬНОЇ БЕЗПЕКИ

Abstract

The article is devoted to the study of the genesis of the formation and development of the human rights in the field of national security and to clarify the future legal model of national security in the term of human rights. The purpose of the article is to elucidate historical background and genesis of human rights in the field of national security. The research methodology is based on the general scientific dialectical method of scientific cognition. In addition, for the more comprehensive research of the genesis of human rights in the field of national security special scientific methods were used, in particular, historicallegal, formal-legalistic, formal-logical, contextual method of prediction. In article argues that the degree of protection of human and civil rights and freedoms from their violation is determined by the level of guarantee of each of these rights and freedoms. In accordance with principle of guarantee of the human rights and civil rights and freedoms, their strengthening is carried out both directly in the Constitution of Ukraine and in the current legislation. Position according to which state can choose to select a course that ensure national security in order to create a favorable condition for social development and provide the protection of the vital interest of the individuals, society and the state itself from internal or external threat can be called a policy of a national security. It is emphasized that the current stage of the development of the human rights in the national security began with adopting of the Association Agreement between Ukraine, on the one hand, and European union, the European Atomic Energy Community and their Member States, on the other. It is stated that among the fundamental human rights in the context of ensuring the right of national security to its subjectivity is a right to security, which has a feature of absolute right and at the same time is a subjective right in a specific legal relation in the field of national security. The right to security in the concept of human subjectivity has axiomatic significance as the initial formula of human-centered legal reality. It is concluded, that legal norms that constitute the core of the institution of national security law should be the norms of human rights in the field of national security, and the principle of ethnocentrism should be the basis of the national security law. In Ukraine the process of reforming human rights legislation in the aspect of national security is ongoing and needs further improvement. In particular, in terms of development and adoption of the Cyber Security Strategy of Ukraine, a longterm planning document, which determines the priorities of national interests of Ukraine in the field of cybersecurity.