The article assumes that the limitations of rights and freedoms established by law must be legitimate, if this is not the case, the law is considered as a tool of the ruling ideology. The development of the system of human rights takes place by expanding the possibilities for their implementation, and accordingly, the volume of restrictions on human rights and freedoms decreases. At the same time, paraphrasing a well-known saying, one can say that the freedom of one person ends where the freedom of another begins, which often leads to a conflict of their interests. Establishing limitations on human rights and freedoms is necessary to reconcile the conflicting interests of the individual, other people, society and the state. Dialectic, which recognizes the general connection and interdependence of phenomena, allows to overcome and find a balance of interests when establishing limitations of rights and freedoms, observing the principle of justice. At the same time, given that justice is a transcendent phenomenon and has an element of injustice, the study of the legality of limiting human rights and freedoms is carried out in view of the observance of the principle of proportionality, which is a manifestation of justice. At the same time, only the least onerous limitations for the rights and freedoms of individuals, which do not violate the essence of human rights, can be proportional. The essence of a human right is its qualitative characteristic, which determines the place of the right in the system of other human rights, its value for a person. The image of a person, which is formed by constitutional values and constitutional rights and freedoms, allows to single out the essence of a specific right of an individual, and to determine the scope of opportunities that is necessary for the normal existence of a person in society. Important in this aspect is the prescription of the first part of Article 3 of the Constitution of Ukraine, according to which a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Special attention should be paid to such a value as human dignity. The image of a person’s right and freedom is fixed in the content and scope. Violation of the essence of the right is determined in a specific case of restriction of human rights and freedoms based on the «image of a person». Only in the case of restriction of the components of the right guaranteed by the Constitution of Ukraine, there is an unlawful violation of the right of a person.
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