ПЕРІОДИЗАЦІЯ СТАНОВЛЕННЯ І РОЗВИТКУ ПРАВА НА СВОБОДУ Й ОСОБИСТУ НЕДОТОРКАННІСТЬ: ОБҐРУНТУВАННЯ НАУКОВОГО ПІДХОДУ

Abstract

The purpose of the article is to substantiate the scientific approach regarding periodization of the formation and development of the right to liberty and personal inviolability. To achieve the purpose of the article, the author used general and special methods of scientific cognition including historical and legal, comparative and legal analyses, systematization, classification, deduction, induction, synthesis, etc. The author of the article has presented the main historical facts, which are associated with the formation and development of the right to liberty and personal inviolability in the legal literature. The analysis of scientific sources assisted to formulate the main scientific approaches used by scholars in determining the periodization of the development of the right to liberty and personal inviolability. The expediency of allocating certain historical periods of the development of this right has been clarified. The author has formulated the individual point of view on the periodization of the formation and development of the right to liberty and personal inviolability. In the conclusions four stages of the formation and development of the right to liberty and personal inviolability were singled out, namely: 1) the origin of the right to liberty and personal inviolability in the form of liberties for certain segments of the population, which lasted in ancient times, the Middle Ages and till the late ХVIII century; 2) the transformation of liberties for certain segments of the population into a fundamental, inalienable and natural human right, which endowed all people without any exception. This stage lasted from the late ХVIII century, when the process of recognition and constitutional consolidation of the right to liberty and personal inviolability for all citizens in France was launched, to the late 30s of the XX century, when that tendency became characteristic for Ukraine and the USSR; 3) the development of legal regulation of the right to liberty and personal inviolability in national regulatory legal acts (mainly criminal, criminal and procedural) and international legal documents, which lasted from the late 1930s up to 1991; 4) the improvement of legal guaranteeing of the right to liberty and personal inviolability, that can be characterized as modern and has been lasting since Ukraine's independence.