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7JURIDICAL SCIENCES
НЕКОТОРЫЕ ОСОБЕННОСТИ ВЗАИМОДЕЙСТВИЯ ГОСУДАРСТВА И ЛИЧНОСТИ
Казанчян Л.
Старший научный сотрудник Института философии,
социология и право НАН РА, Член Палаты адвокатов РА, Кандидат юридических наук, доцент докторант Института философии, социологии и права НАН Украины
Маилян Г. Член Палаты адвокатов РА, Соискатель Института философии, социология и право НАН РА
SOME FEATURES OF THE INTERACTION BETWEEN THE STATE AND THE INDIVIDUAL
Kazanchian L.,
Senior Researcher at the Institute of Philosophy, Sociology and Law NAS RA, Member of Chamber of Advocates of the RA, Candidate of Judicial Sciences, Associate Professor Doctoral Student of the Institute of Philosophy, Sociology and Law NAS
Mailyan G.
Member of the RA Chamber of Advocates, Applicant of the Institute of Philosophy, Sociology and Law of the National Academy of Sciences of the Republic of Armenia DOI: 10.5281/zenodo.6882400
Аннотация
В данной научной статье, на основании изучения мнений известных правоведов, Конституции, законодательства Республики Армения и Российской Федерации представлены особенности взаимоотношений между личностью и государством. В частности, раскрываются особенности понятий "правовой статус личности", "права человека", "гражданство и подданство", а также содержание социального государства и гражданской активности личности.
Abstract
In this scientific article, based on the study of the opinions of famous jurists, the Constitution, the legislation of the Republic of Armenia and the Russian Federation, the features of the relationship between the individual and the state are presented. In particular, the features of the concepts of "legal status of the individual", "human rights", "citizenship and аllegiance", as well as the content of the social state and civil activity of the individual are revealed.
Ключевые слова: Правовой статус личности, права и законные интересы личности, гражданство, Конституция, закон, гражданское общество, государство, гражданские права.
Keywords: The legal status of the individual, the rights and legitimate interests of the individual, citizenship, Constitution, law, civil society, state, civil rights.
In modern legal literature, the concept of the state is revealed as a political and legal organization of society, ensuring its unity and territorial integrity, having sovereignty, exercising power, management and regulation in society. Moreover,
the concept of the state is revealed through characteristics showing its social purpose, uniqueness and differences from other pre-state and non-state forms of organization of public life of people [11,p.125]. It is known, that any person within the territory of the State falls under its jurisdiction, that is, becomes the addressee of mandatory regulations emanating from the state.
The connection and correlation of the individual with the state is revealed in the legal status of the individual.
According to the generally accepted definition, the legal status of an individual is his actual state in a given society and state, which to a greater or lesser extent (depending on the form of government and political regime of the state) is reflected in law [3,p.44;8,p.222; 9,p. 82].
Noteworthy, is that the legal status of an individual, being a social element, objectively reflects the advantages and disadvantages of the current political, legal system of a given state.
To clarify the essence of the relationship between the individual and the state, it is also important to reveal the concept of human rights.
Human rights are moral principles or norms for certain standards of human behavior adopted in a particular society, state and which are guaranteed and
protected by this state on the basis of domestic and international acts.
The conducted studies show that the relationship between the individual and the state is manifested in mutual influence and, ultimately, in mutual rights and obligations. Moreover, the influence of the individual on the processes in the state can be manifested both directly and indirectly. Furthermore, the influence of the individual on the processes in the state can be manifested both directly and indirectly. Basically, it revels, when a person exercises his political rights: participates in elections, has the right to elect or be elected, participates in a referendum, appeals against the actions and decisions of officials to higher authorities or judicial bodies, etc. As is known, each person has the right to appeal with the claim to court, if he considers that wrongful acts (decisions) of state bodies, local government bodies, organizations, the companies and their associations, public associations or officials, government employees violate its rights and freedoms.
It must be emphasized that, many jurists believe, that the degree of influence on states depends on the political, civic activity of the individual [1,p.6-7; 4,p.105]. However, we also consider it important that the form of government of the state is of gargantuan importance in the implementation of political human rights. For example, in democratic countries, a person enjoys a wide range of rights and freedoms through which he can influence the processes occurring in the country, which cannot be said about countries with a totalitarian regime. As is known, under a totalitarian regime, the state strives for complete, total control over all spheres of society, including human rights, which are strictly narrowed.
The conducted studies show, that the interaction and relationship between the individual and the state is based primarily on the institution of citizenship or allegiance. This special connection, first of all, represents the legal affiliation of a person to the state, the acquisition by a person of the specific qualities of a citizen, the existence of mutual rights and obligations of a citizen and the state, as well as the protection of a citizen by the state within the country and abroad.
It is worth clarifying, that "citizenship" is a political and legal, one-way relationship between a person and a monarch. Allegiance is mainly characteristic of states with a monarchical form of government. If citizenship in jurisprudence is understood as the connection of an individual with the monarchy, then citizenship implies a broader connection of a person directly with the state, and not with its head.
It should be noted, that in a democratic, legal State, the guarantee of human and civil rights is enshrined in the Constitution. Thus, according to Article 19 of the Constitution of the Russian Federation, a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the State [6]. The same approach is indicated in the Constitution of the Republic of Armenia, where the human being is also considered as the highest value, and the inalienable dignity of the human being is an integral basis of his or her rights and freedoms [5]. Moreover, the respect for
and protection of the basic rights and freedoms of the human being and the citizen shall be the duty of the public power.
The Constitution of RA indicates, that the public power shall be restricted by the basic rights and freedoms of the human being and the citizen as a directly applicable law.
It should be noted, that the concept of "public power" is an innovation in the Constitution of the Russian Federation and in nowadays many legal scholars are working on developing new approaches concerning the limitation of the functions of public power.
It is obvious that the rights and freedoms of the individual cannot be unlimited, since the rights and freedoms of one person are always limited by the rights and freedoms of other persons and the state. Therefore, in a democratic, rule-of-law state, a person must comply with all laws and obligations to society and the state. Nevertheless, the State is also responsible to its citizens and persons located on its territory.
Any form of restriction of citizens' rights on the grounds of social, racial, national, linguistic or religious affiliation is prohibited.
In the context of the relationship between the state and the individual, modern legal literature examines the state's obligation to ensure not only legal, but also social protection of the individual. In this context, the provision of at least minimal social benefits necessary for the normal existence of the individual is intended.
This principle, of course, operates in social states, or in states with a market, socially oriented economy. In this case, we are talking about the implementation of social functions by the state. Moreover, the connection and correlation of the individual with the state in the context of the social functions of the state continue to be based on the peculiarities of the legal status of the individual.
The concept of a "social state" is new in the constitutional law of post-Soviet states, although in the times of the USSR the state on a constitutional basis bore social responsibility to the citizens of the country.
In modern legal literature, the content of the welfare state is considered as the realization by the state of socio-economic human rights (or "second generation" [12,p.186]. Moreover, the state acquires its social function, first of all, in order to ensure the rights of man and citizen to a decent life [2,p. 590].
In this case, the social function of the state is expressed in the implementation of public interest, the harmonization of the interests of various social groups, that make up the public structure of the state.
The socio-economic rights of a person and a citizen cover the norms concerning the status of a person in the sphere of employment, welfare, social security [7, p.5].
Certainly, as socio-economic human rights, it is advisable to consider not all the infinite variety of legal provisions of laws and by-laws regulating the sphere of work, life, social security, but only the most important of them, which affect the foundations of the legal status of the individual and establish the framework and socially recognized ideals in these spheres.
Socio-economic and cultural rights include the right to education; the right to social security (including social insurance); the right to work, to fair wages and equal pay for work of equal value; working conditions that meet safety and sanitary standards; the right to rest, leisure and reasonable limitation of working hours, periodic paid leave; the right to protection of the family, motherhood and childhood; the right to participate in cultural life; the right to use the achievements of culture and a number of others [12,p.188].
It should be noted, that after the constitutional reforms of 2015, a chapter dedicated to the social obligations of the state to citizens was introduced into the Constitution of RA. The 3rd chapter "Legislative guarantees and main objectives of state policy in social, economic and cultural spheres" also presents state guarantees for ensuring socio-economic human rights.
It is worth paying special attention to the fact that Article 86 of the Constitution of the Republic of Armenia presents the main goals of state policy. According to this article, the main objectives of state policy in the economic, social and cultural spheres shall be as follows:
1. improving the business environment and promoting entrepreneurship;
2. promoting the employment of the population and improving the working conditions;
3. fostering housing construction;
4. promoting actual equality between women and
men;
5. promoting birth and having many children;
6. creating favorable conditions for the full and comprehensive development of individuality in children;
7. implementing programmes for population's health care and improvement, creating conditions for effective and affordable medical services;
8. implementing programmes for disability prevention, treatment, rehabilitation of persons with disability, promoting the participation of persons with disability in public life;
9. protecting consumer rights and exercising supervision over the quality of goods, services and works;
10. ensuring proportional territorial development;
11. ensuring development of physical culture and sports;
12. promoting the participation of youth in political, economic and cultural life;
13. ensuring development of free of charge higher and other vocational education;
14. ensuring development of fundamental and applied sciences;
15. contributing to free access by everyone to national and universal values;
16. promoting charity for the establishment, financing of cultural, educational, scientific, health care, athletic, social and other institutions, as well as for ensuring financial independence thereof [5].
Recently, in the legal literature and in practice, the issue of protecting human rights to participate in the management of State affairs in general and to exercise local self-government has often been raised. This approach is based on the concept, that in the modern
world, the rights, freedoms and legitimate interests of the individual should be in the focus of the state's attention. Moreover, the realization of constitutional rights of the individual in the context of participation in the management of state affairs, is one of the new areas of research of European legal scholars.
One cannot but agree with the opinion of those lawyers who consider, that the protection of human rights to participate in the management of state affairs in general and to exercise local self-government in particular is no less important than the protection of personal, economic, social and other human rights. This is justified by the fact, that the qualified management activities of the state make it possible to provide the necessary conditions for the implementation and protection of the entire set of human rights. Therefore, the possibility of a positive impact on the activities of public authorities of representatives of the public, civil society institutions, individual citizens should be provided with all possible legal, organizational and by other means [10, p.20].
Based on the foregoing, we came to the conclusion that the features of the interaction between the individual and the state are due to numerous factors that are associated both with the form of government of the state and with the range of realization of human rights and freedoms.
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