Філософія захисту прав людини з позицій сучасного правового мислення

Abstract

Purpose. The article highlights the issue of formation of humanistic philosophy of legal protection in modern Ukraine. In connection with the assertion of democratic principles of life, a need to rethink the essence of law, its forms and manifestations, including philosophy of legal protection, has been raised. The methodology. The article has been written using the principle of complementarity of philosophical methods: hermeneutic, dialectical, axiological; general scientific methods: objectivity, systematization, analysis and comparative legal method as a special legal, which has ensured the integrity of the study and vision of legal protection as a human phenomenon. The scientific novelty is: the article emphasizes the need to overcome the legist interpretation of legal protection, which has been reduced to the problem of legislative consolidation of human rights. The idea is proposed that it is now necessary to shift the emphasis from enshrining human rights in national legislation to their real protection. To do this, under the philosophy of human rights protection it is necessary to bring new worldview-philosophical, jusnaturalistic principles, while abandoning the legist ones. Modern philosophy of human rights protection must also use a modernized conceptual apparatus. The principle of the rule of law as a mega- principle should become a reliable basis for human rights activities, an effective method of establishing a person as a subject of law. Conclusions. The state-centric philosophy of law protection is incompatible with the modern philosophy of human rights, thus it should be replaced by a humanistic philosophy of legal protection. Each of us is responsible for the state of law in the country, for himself, his self-realization, ultimately for his destiny, his descendants, the whole country. Therefore, taking care of an effective system of legal protection, of its effectiveness is a matter for everyone – state, citizenship, people, each of its representatives. Keywords: protection of law; philosophy of protection of law; legist doctrine; jusnaturalism; legal principles; legal concepts; universal values; rule of law.