Журнал «Современная Наука»

Russian (CIS)English (United Kingdom)
MOSCOW +7(495)-142-86-81

On the issue of legal guarantees of the right to life, through the prism of scientific views on the origin of the nature of human rights

Aksenova Darya Dmitrievna  (graduate student Voronezh State University (Voronezh, Russia))

This article defines the significance of the right to life, its highest value, the inherent and inalienable nature of an individual from the moment of birth. The right to life is considered as a natural human and civil right that arose before our era and passed through the prism of a thousand-year history of mankind. A certain aspect in the text of the article is given to the imperative role of the state as the guarantor of the right and the guardian of the exclusive right to life of the bearers of this right. The analysis of Russian and international legislation in the context of the politicization of society and law enforcement practice, including in retrospect, is carried out. The legal concept of life, which is a complex and multifaceted system, is defined. The content of the right to life used in many branches of law is revealed, despite the lack of a unified approach to defining the content of this concept. Life is considered by the author as a biosocial unity, it has its beginning and end, and the right to life is the right to conception, birth, decent and comfortable existence officially recognized by the state itself, guaranteed to the individual declaratively at the constitutional level until death. Two views on the nature of human rights are examined, while the question of the correctness of one concept over the other remains unresolved, however, representatives of the natural approach, as well as positivist scientists, believe that the right to life of an individual should be equated with the right to a decent life.

Keywords:the right to life, guarantees, legal aspects, the individual, the principles of the rule of law, the importance of the right to life, modern realities, constitutional consolidation, individual rights and freedoms, the principle of the inseparability of law, natural rights, the formation and development of modern society.

 

Read the full article …



Citation link:
Aksenova D. D. On the issue of legal guarantees of the right to life, through the prism of scientific views on the origin of the nature of human rights // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№01. -С. 86-89 DOI 10.37882/2223-2974.2023.01.02
LEGAL INFORMATION:
Reproduction of materials is permitted only for non-commercial purposes with reference to the original publication. Protected by the laws of the Russian Federation. Any violations of the law are prosecuted.
© ООО "Научные технологии"