ДЕЯКІ МІРКУВАННЯ ПРО НАЦІОНАЛЬНИЙ ЗАХИСТ ГРОМАДЯНСЬКИХ ПРАВ ЛЮДИНИ

Abstract

The doctrinal and normative legal definitions of the concept of human civil rights, as well as national guarantees for the provision of civil rights, their types and possible ways of improvement are considered in the article. The authors analyze the concept, legal and philosophical basis of the implementation of human rights in the international and national aspect, relying on the texts of international documents, as well as the scientific research of foreign and Ukrainian scientists in the fields of the theory of the state and law, international law and constitutional law. The authors believe that the concept of human rights and, in particular, human civil rights, has not been unchanged throughout its history, and if at the first stages of its development it was connected with a person's belonging to the state ("citizenship"), it gradually almost lost this connection . An analysis of the modern meaning of the concept of "civil rights" shows that the modern Ukrainian translation of the title of the 1966 Covenant: "International Covenant on Civil and Political Rights" is misleading, ambiguous and does not reflect the essence of the concept of "civil human rights" in international context. There is a possibility that Ukrainian legal science will find another equivalent of the term "civil rights" in the sense of basic human rights. As a possible option, a fairly meaningful replacement option is offered - "fundamental (essential) human rights and freedoms according to P.M. Rabinovych. The authors draw attention to the fact that the concept of national guarantees of ensuring civil rights is not always given by scientists. To them in the broad sense should be attributed state, that is, which belong to this country and concern its people, reflect its character, features and social activity, positively acting conditions and means that ensure their actual implementation. Since the natural rights of a person and a citizen, enshrined in the Constitution of Ukraine, are not exhaustive, an important guarantee of the protection of these rights should become a modern understanding of spiritual values. Keywords: civil rights, natural rights, basic civil rights, fundamental (essential) human rights and freedoms, national guarantees of ensuring civil rights.