Right to right: the philosophy of modern thought

Abstract

This article discusses the question of the state of functioning of the doctrine of natural law in the context of human resistance to the actions of a tyrant or aggressor. The genesis of the mentioned doctrine is briefly revealed, which, together with the contractual theory (the theory of the origin of the state) and positive (written) law, are the main regulators of social relations in the modern life of society. Attention is focused on the fact that natural law is a kind of set of a priori moral requirements for positive law, a standard for its development, a critical instance that gives a moral assessment of positive law from the standpoint of its justice or injustice. Neither the state nor society can restrict or deny natural rights, and nor these rights cannot be sacrificed to any political interests. It is determined that natural rights find their expression in international law, for example, in the Universal Declaration of Human Rights. It is noted that the implementation of the right to resist is aimed at restoring the institutional regime and is a guarantee of the constitutional order; it is not a judicial form of political sanction against those who are responsible for acts of extreme state violence against the population of the country. Thus, revolution (rebellion, resistance) is a legitimate form of exercising the right to necessary defense when the interests of the state, public interests and the rights of individual citizens are under a real threat that cannot be eliminated by other means, and require urgent protection of civil society. The Constitution of Ukraine, that is, in the act of written (positive) law, reflects the provisions of natural law to ensure the security of person and the state, as well as to defend the country, as the duties of everyone. The content of the “right to the right” is specified in the relevant legislative acts of the state that regulate public relations in the field of security and defense, which specify the conditions for the implementation of this right. At the same time, the corresponding restrictions on the implementation of the mentioned natural law are indicated and conclusions are drawn to eliminate these shortcomings.