Human rights as a tool limiting state power

Abstract

This article is devoted to the study of the limitation of state power through the concept of human rights. Numerous scientific researches and publications are devoted to the question of the balance of interests of the state and the person, the main purpose of which is to try to find and establish parity and balance between private and public. Speaking about human rights as an instrument of limiting state power, based on the idea that in today's world there are almost no absolute, unlimited rights, the authors emphasize the importance of restrictions imposed by the state, which must be commensurate and established by law. The article discusses the need to establish and have clear criteria for restricting human rights at the legislative and constitutional levels. This will be a guarantee against arbitrary actions of the state to reduce the scope of law enforcement of the individual and will act as a safeguard (factor) of limiting state power. In their work, the authors highlight the elements that form the basis and underlying the concept of restricting human rights and emphasize the positive and negative obligations of the state, as those that set the boundaries of public authority. Considering this issue, the authors explore the priority of human rights and refer to the rule of recognizing each individual as a full participant in legal relations, along with the inadmissibility of the individual as the object of such interaction, obliging public authorities to respect self-realization. The relevance of this publication indicates the need to find a balance and clearly delineate and distinguish the boundaries, elements, criteria and relations between man and the state, which is the guarantor of the realization and inviolability of rights, and in case of such violation - the guarantor of their protection. Nowadays, this topic is especially relevant for modern democratic societies, given the constant expansion of human rights, the practice of international (European) and national courts. Thus, the best possible understanding of the content of the concept of human rights as an instrument of limiting state power will promote their proper implementation and act as a guarantor of their security.