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fri s stage: administrative control, isolation of long-term or life-long community of perpetrators of serious and very serious crimes that violate public order and public order, the interests of the individual, society and the state, have extremist views and are not on the road to recovery.
We believe that these proposals and recommendations should, first of all, identify areas for future research in crime prevention; Secondly, to improve the theoretical foundations of crime prevention; Thirdly, it helps to bring the science of crime prevention to a new level.
References / Список литературы
1. Islamov Z.M. Theory of State and Law. The textbook. T., 2007. Art. 12.
2. Explanatory dictionary of the Uzbek language: more than 80,000 words and phrases. G. IV. Tartibot - Shukr / Editorial board: T. Mirzaev (manager) and others. Уз. Res. FA Til wa adiabiet in-ti. T.: "Uzbekistan Milly Encyclopedia" Davlat Ilmiy Nashriyeti, 2006. 688 Art.
3. Khujakulov S.B. Areas for further improvement of crime prevention // Topical Issues of prevention of offenses: Materials of the republican scientific-practical conference (2019 year April 17). - T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2019. 5 3 Art.
4. Eshnazarov M.J. On the meaning of the concept of "Special crime prevention" / News of the Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan. T., 2019. № 1. Art. 46-47.
THE PHILOSOPHICAL, ETHICAL AND POLITICAL-LEGAL STATUS OF HUMAN RIGHTS NOTION Pulatova N.S. Email: [email protected]
Pulatova Nodirakhon Sobirjohnovna - Candidate of Legal Sciences, Doctoral Student, THEORY OF STATE AND LAW DEPARTMENT, TASHKENT STATE UNIVERSITY OF LAW, TASHKENT, REPUBLIC OF UZBEKISTAN
Abstract: the article under discussion analyzes the concepts of honor and dignity, philosophical, ethical and political-legal meanings, classifications and criteria for the essence of human rights and freedom. Relations between people are regulated by social norms of conduct. In the system of social relations, norms of morality and law are considered the basic norms of regulation. Human rights exist in both moral and legal norms. The author of the article believes that human rights and freedom are a system ofphilosophical concept of the worldvision of a man's essence. At the same time it is possible to recognize that human rights is the system consisting of principles of politeness and morality and norms of law, socially regulating relations between people.
Keywords: freedom, human rights and freedoms, human honor and dignity, happiness, love, conscience, trust and respect, moral norms, legal norms.
ФИЛОСОФСКИЙ, ЭТИЧЕСКИЙ И ПОЛИТИКО-ПРАВОВОЙ СТАТУС ПОНЯТИЯ ПРАВ ЧЕЛОВЕКА Пулатова Н.С.
ПулатоваНодирахон Собиржоновна - кандидат юридических наук, докторант, кафедра теории государства и права, Ташкентский государственный юридический университет, г. Ташкент, Республика Узбекистан
Аннотация: в данной статье анализируются понятия чести и достоинства, философско-этические и политико-правовые значения, классификации и критерии сущности прав и свобод человека. Отношения между людьми регулируются общественными нормами поведения. В системе общественных отношений основными нормами регулирования считаются нормы морали и права. Права человека имеются и в нормах морали, и в правовых нормах. Автор статьи считает, что права и свободы человека это система философского понятия мировоззрения о сущности человека. Вместе с тем можно признать, что права человека -это система, состоящая из принципов воспитанности и нравственности и норм права,
социально регулирующих отношения между людьми.
Ключевые слова: свобода, права и свободы человека, честь и достоинства человека, счастье, любовь, совесть, доверие и уважение, моральные нормы, правовые нормы.
UDC 342.7
Relations between people are governed by social norms of conduct. In the system of public relations, norms of morality and law are considered the basic norms of regulation. Human rights exist in both moral and legal norms. Categories of morality are also reflected in certain legal documents. For example, in the World Declaration of Human Rights there are notions of "dignity, honor, brotherhood"[1], and in the International Convention on the Child's Rights the words "happiness, love" were also mentioned [2]. However, a number of legislative documents as well as the Article 1 of the Family Code states that "the tasks of the documents of the Family Act consist of strengthening the family, building family relations on the basis of mutual love, trust and respect, mutual coordination, mutual assistance and the sense of responsibility of all family members towards the family, preventing any arbitrary interference by anyone in the affairs or affairs of the family, ensuring an unimpeded exercise by family members of their rights, and protecting those rights" [3]. Despite the fact that the notions of love, trust and respect, mutual coordination and mutual assistance are reflected in the law, it is very difficult to ensure or protect these relations by the state or public institutions. It is possible to regulate by the court measurable relations, having material value, but the mechanism of legal regulation and provision of non-material relations by the court has not been worked out yet. For this reason, when it comes to human rights one should be able to identify his ethical and moral rights.
It should also be borne in mind that there are human rights which, although not enshrined or enshrined in law, but because of their moral connotation, like other rights are unprotected human rights.
In the civilization of mankind there are liberally democratic values of socio-political views that have been developing for more than three hundred years on the basis of (subconscious) natural human rights.
It is noteworthy that the Declaration of Independence of the USA adopted in 1776, the Constitution of the USA adopted in 1787, the Bill of Rights (human rights) adopted in 1791, as well as the Declaration of France of 1789 gave an official political and legal shade to the protection of human rights. But it should also be remembered that at that time, human rights and their protection were not proclaimed as one for all.
After the Second World War, a new view of human rights had taken shape. The recognition of natural human rights was reflected in UN documents, in the Constitutions of many states adopted after the war. At the same time, a European philosophy (Eurocentrism) was formed stating that human rights belong to him only because he is a human being, and for his natural rights he owes no one -neither God nor the state. However, in the concept of natural human rights there is also an Eastern approach according to which natural human rights are justified by the right to live, the right to be born, given to him by God from the moment of his birth [4].
The natural approach to human rights is found in the works of H. Rakhmonkulov, A. Rakhimov, A. Saidov, A. Dzhuzjani, A. B. Gafurov: "The concept of justice following from the nature of a human being is the basis of the natural law [5], every human being has natural rights from the birth. Natural human rights belong to him only because he is a human being and is a member of a human society. This theory has not only legal but also political meaning. The definition "Human rights are enshrined in international legal documents and national laws and are a set of natural rights and freedom emanating from the essence of a human being and belong to him/her only because he/she is a human being" [6] is given from the point of view of the international law.
Natural rights are objective and do not need to be formalized. Some authors describe natural human rights as the notion of unwritten rights that embrace customary norms, ethical rights and limitations. However, at present the notion of human rights, which has moved from norms and rules of education and ethics to the category of positive law is reflected in international documents and national legislation of almost all countries of the world.
Fundamental human rights and freedom are indivisible and have been considered to belong to a human being since his birth. At the same time notions "human rights and freedom" and "freedom" are different.
For example, the concept of "freedom" as a philosophical concept gives an opportunity to a person to act freely, to do something at his/her own discretion. The notion of human rights and freedom is a narrower legal concept, limited by law and considered feasible only within the limits of the law. Montesquieu defined freedom as: "Freedom is the right to do whatever is permitted by law" [7].
Commenting on the philosophical essence of the notion of freedom, V.Hegel states: "He, who does not realize himself, is not free, he, who is not free, is not able to realize himself" [8].
Another concept that is considered a prelude to human rights and freedom is human honor and dignity. All views on human rights are based on human dignity. The notions of honor and dignity are philosophical concepts and are considered only inherent in a human being, inherent and positive qualities.
Considered to be one of the founders of the notion of human rights, French educator J.J. Rousseau noted that dignity is expressed in the personality and essence of a human being: "To renounce one's own freedom means to renounce one's own personality, dignity, honor, as well as one's rights and duties... This is alien to the nature of a human being" [9]. In the content of the philosophy of human rights, human honour and dignity play a major role. Such approach is also reflected in Article 1 of the World Declaration of Human Rights: "All human beings are born free and equal in dignity and rights. They are endowed with intelligence and honor, therefore, they should treat each other in a fraternal way" [1]. Only in relations between people human dignity is expressed.
The more positive, socially significant qualities possess a human being, the higher is respect for him/her. Assessment of a person's subjective dignity is manifested in his role, contribution and influence in relations with the society. In terms of personal respect, there is a sense of demand from the society and other people for a special attitude towards himself/herself. Human dignity is not only a philosophical, ethical, but also a constitutional, legal category. It is reflected in Article 27 of our Constitution, which is the basis of our national legislation and in Article 99 of the Civil Code of the Republic of Uzbekistan called "Personal intangible rights and other intangible values" [10].
Along with recognition of human honor and dignity, the fact that they are also protected is of great importance. Article 100 of the Civil Code of the Republic of Uzbekistan titled "Protection of honor, dignity and business prestige" determines the legal basis of the mechanism of protection of honor, dignity and business prestige of an individual. At the same time, our President Shavkat Mirziyoyev noted in his report, "To ensure the interests of a person, first and foremost, it is necessary to protect reliably his rights and freedoms" [11].
In conclusion, we can say that human rights and freedom are a system of philosophical concept of the worldview of a human being's essence. At the same time, we can admit that human rights is a system consisting of the principles of politeness and morality and norms of law that regulate socially relations between people.
References / Список литературы
1. World Declaration of Human Rights. UN. 217A (III), 1948. December 10. P. 12
2. The International Convention on the Child's Rights, 1994. 29 July. P. 35.
3. Family Code of the Republic of Uzbekistan. T: Adolat, 2014. P. 192.
4. Saidov А., Dzhuzjani А. East and Human Rights: historical-legal sinks. T.: Social thought, 1998. P. 56-58.
5. Rakhmonkulov H., Rakhimov A. Human Rights: History and Modernity. T.: Publishing House World of Economics and Law, 1998. P. 26.
6. GafurovA.B. Human Rights. T.: Baktria Press, 2012. P. 156.
7. Montesquieu Ch. About the spirit of the law. Selected works. M.: Goskomizdat, 1955. P. 289.
8. Hegel W. Philosophy is right. Thought, 1990. P. 387.
9. Russo J. Treatise. M., 1969. P. 5.
10. The Civil Code of the Republic of Uzbekistan. Tashkent. Adolat, 2012. S. 56.
11. Mirziyoev Sh. "Report of the meeting on the activities of internal affairs bodies, existing problems and shortcomings in the system, future tasks". 2017. February 9. We will continue our path of national development to a new level. Т. 1. Uzbekistan, 2017. P. 592.
