Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a Person

In article the genesis and development of the theory about the rights and freedoms of a person are studied. Works of classics and modern scientists about the reasons of their emergence, about justification of giving to the rights and freedoms of natural character are analyzed. Features of formation...

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Main Author: L. N. Vakhrameeva
Format: Article
Language:Russian
Published: Omsk Law Academy 2018-03-01
Series:Сибирское юридическое обозрение
Subjects:
Online Access:https://www.siberianlawreview.ru/jour/article/view/20
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author L. N. Vakhrameeva
author_facet L. N. Vakhrameeva
author_sort L. N. Vakhrameeva
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description In article the genesis and development of the theory about the rights and freedoms of a person are studied. Works of classics and modern scientists about the reasons of their emergence, about justification of giving to the rights and freedoms of natural character are analyzed. Features of formation and evolution of the natural-legal theory in Russia are investigated. Negative consequences of denial of the theory during the Soviet period and her positive influence on process of democratization of the Russian society during the postsoviet period are noted. The problem of a ratio of the natural right with positive law, their influence at each other, completeness of legal fixing of the rights and freedoms of the person is solved. The changes in the theory about natural human rights which have arisen under the influence of process of historical development of society are considered. As a result of a research the author comes to a conclusion about a positive role of the theory about the natural rights and freedoms of the person in general and also about her positive influence on modern science of constitutional right and law-making.
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spelling doaj.art-e9b245ba7ecf4025b869a9299b612d7a2024-03-15T14:13:30ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102018-03-011519810210.19073/2306-1340-2018-15-1-98-10219Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a PersonL. N. Vakhrameeva0Academy of the Prosecutor General’s Office of the Russian FederationIn article the genesis and development of the theory about the rights and freedoms of a person are studied. Works of classics and modern scientists about the reasons of their emergence, about justification of giving to the rights and freedoms of natural character are analyzed. Features of formation and evolution of the natural-legal theory in Russia are investigated. Negative consequences of denial of the theory during the Soviet period and her positive influence on process of democratization of the Russian society during the postsoviet period are noted. The problem of a ratio of the natural right with positive law, their influence at each other, completeness of legal fixing of the rights and freedoms of the person is solved. The changes in the theory about natural human rights which have arisen under the influence of process of historical development of society are considered. As a result of a research the author comes to a conclusion about a positive role of the theory about the natural rights and freedoms of the person in general and also about her positive influence on modern science of constitutional right and law-making.https://www.siberianlawreview.ru/jour/article/view/20rights and freedoms of the person and citizennatural and legal theory of human rightrussian conceptpositive law-making
spellingShingle L. N. Vakhrameeva
Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a Person
Сибирское юридическое обозрение
rights and freedoms of the person and citizen
natural and legal theory of human right
russian concept
positive law-making
title Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a Person
title_full Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a Person
title_fullStr Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a Person
title_full_unstemmed Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a Person
title_short Natural-Legal Theory as a Source of the Modern Russian Conceptof the Rights and Freedoms of a Person
title_sort natural legal theory as a source of the modern russian conceptof the rights and freedoms of a person
topic rights and freedoms of the person and citizen
natural and legal theory of human right
russian concept
positive law-making
url https://www.siberianlawreview.ru/jour/article/view/20
work_keys_str_mv AT lnvakhrameeva naturallegaltheoryasasourceofthemodernrussianconceptoftherightsandfreedomsofaperson