The right to free personal development as a manifestation of the connection between human dignity and freedom

Abstract

Constitutional recognition of the worth of a human as the dominant value in the hierarchy of social ones activates the full potential of positive law to the maximum to secure it, in particular the mechanism of a general permissive type of legal regulation, which essentially presupposes freedom, and therefore the embodiment of the ideal of a free human person. The specificity of such regulation is expressed in the process of its social and contextual characteristics, namely, in the description of the scope and boundaries. Accordingly, it has been established that the development of the general permissive idea in the twentieth century shifted to the plane of “recognition of the worth of human dignity”, so the study of freedom within its interrelationship with human dignity forms the first approximate idea of the subject coverage of the general permission (as the basis of appropriate regulation). It has been established that such an interrelation is justified in the regulatory (international, national) and doctrinal context at the level of values and individual rights. It has also been proved that this interrelation is most clearly visible in the right to the free development of a person, which becomes a kind of “intersection”, the main point where dignity and freedom “are connected”.The national recognition of this right in the constitutions of different states has been investigated, in particular as the goals of the state; the highest values; the foundations of the political system and social peace; the personal independency right, including in the system of other personal rights. The peculiarities of its interpretation in German jurisprudence as an “unnamed”, “independent fundamental right to freedom”, which has been developed in two aspects: a) the general right of a person – its “comprehensive protection” from public and private interference, “strengthening” (additional) guarantee of human dignity (which promoted the formation of a kind of human rights methodology – “theory of spheres”). Its nature is analyzed from the point of view of the “human person essence (core)” and its components: human dignity, the fundamental right to informational self-determination, the right to life and limb; b) general freedom of action, which extends the sphere of defending freedom that is not covered by special constitutional rights.It has been found that this right was secured internationally with the expansion of its scope at the expense of the subject matter – the right of the people to self-determination. The constitutional practice of recognition of the right to free personal development in Ukraine has been analyzed and it is presumed to project the basic sphere of the generally permissive type of legal regulation