Принцип гуманизма и принцип безопасности в теории права: аспекты соотношения

Abstract

The article examines the principle of humanism and the principle of security in the theory of law in their relationship. Special attention is paid to the criminal law refraction of the general legal principle of humanism. Two approaches to understanding the essence of the principle of humanism are revealed – broad and narrow. A broad understanding of the principle of humanism implies the inclusion in its content of two aspects – ensuring human security and respect for human dignity (including the inadmissibility of causing physical or mental suffering). A narrow interpretation of the principle of humanism excludes the aspect of security and reduces its implementation only to respect for human dignity. It is proposed to consider the principle of security as a general legal principle, the meaning of which is seen in the fact that positive law in the process of regulating public relations, based on its goals, should ensure the safety of all subjects of law. It is concluded that it is necessary to distinguish between the principle of humanism and the principle of security and consider them as two independent principles of law. In this case, the principle of humanism is proposed to be understood in a narrow sense, excluding the security aspect from it.