The principle of humanism as a fundamental principle of building a modern rule of law

Abstract

It is determined that human and civil rights are the most important institution, which has been developed not only in constitutional law, but also in the theory of law and in other sectoral legislation. In the second half of the XX century, this institution came to the fore, both domestically and internationally. The Institute of Human and Civil Rights and Freedoms is one of the most significant results of the legal development of society, from ancient times to the present day, when human rights have become an essential attribute of a democratic state governed by the rule of law. The modern approach with the declared principles of democracy is somewhat outdated and the whole world needs to rethink the acquired and find new approaches to understanding equality, justice, protection, etc.The necessary stability of the concept of protection of human and civil rights and freedoms is achieved by relying on a system of principles tested by science and practice. The viability and progressiveness of this concept is formed through a combination of legal, moral, traditional, and other socio-regulatory norms. Taking into account such an approach will prevent legal negativity from becoming a dominant phenomenon of the legal system, restrain the onslaught of legal nihilism and indifference.It is indicated that the principles are a kind of indicators that demonstrate the degree of development of the law itself, starting points that show the vector of legal regulation. Of course, the principles of law should reflect and express the basic values on which the law is focused, to carry the basis of «ideal» law. The purpose of legal principles is to ensure the ideological unity of lawmaking, law enforcement and law and order in general. They permeate the entire legal system of society, focusing its development on universal, most valuable ideals: democracy, justice, equality, humanism, individual freedom, etc.Definitely, humanism, as a legal category, is a worldview that considers man as a higher, self-sufficient and self-aware value. Humanism expresses the attitude to man in at least two ways: Thus, humanism is a certain moral requirement for human behavior, ie a certain category of moral awareness of man of the highest social value in the state.