LEGAL BASIS OF UNDERSTANDING HUMAN RIGHTS IN THE FIELD OF NATIONAL SECURITY OF UKRAINE

Abstract

The article analyzes the legal basis for understanding human rights in the field of national security. It is analyzed that in general the establishment of human rights and freedoms is their recognition by the state, which can be done by various means in the framework of implementation, through the actions of both the state and the authorities and officials. Examples include participation in the preparation and adoption of international human rights instruments by acceding to relevant international treaties, ratifying them, proclaiming them in declarations, declarations, enshrining human rights in the Constitution or other legislative acts. It is substantiated that in order to better understand the essence of human rights in the field of national security, it is necessary to understand the essence of the very concept of "national security". To this end, two main conceptual approaches to understanding the essence of national security have been identified. According to the first approach, the essence of national security is primarily related to human security. In essence, it is based on the provisions of Art. 3 of the Constitution of Ukraine, which proclaims the priority of human rights and freedoms as the highest value, the implementation of which should be the efforts of the state. In turn, the second approach is based on the priority of state and national security. The author argues that it is expedient at the legislative level to determine the essence and relationship of human rights in the field of national security, by adopting a special legislative act as a logical continuation of the Law of Ukraine "On National Security of Ukraine", which would regulate public relations in the field of human security and its fundamental rights.