DEFENSE AND PROTECTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS: THE PROBLEM OF CORRELATION OF CONCEPTS

The authors identify the features of the concepts of “defense” and “protection”, taking into account constitutional, legal and sectoral specifics, and determine their relationship based on the current legal regulation. The chosen direction of research is justified by the fact that in the modern legal order of the Russian Federation, the protection and security of human and civil rights and freedoms occupies the highest importance due to the fact that human rights and freedoms are the highest value, the responsibility for protecting which rests with the state (Article 2 of the Constitution of the Russian Federation). Despite this, in the existing legal doctrine the distinction between the concepts of “defense” and “protection” is debatable. Particular attention is paid to the reflection of these legal categories in the content of constitutional legal norms. The scientific article uses not only the normative basis of the study (the Constitution of the Russian Federation, sectoral regulatory legal acts), but also the theoretical and empirical basis (the ruling of the Constitutional Court of the Russian Federation) of the study. For the purpose of a comprehensive and objective analysis of the identified problem, not only general dictionaries were used (by S. I. Ozhegov, L. I. Skvortsov), but also dictionaries with a special legal focus (Big Legal Dictionary, Legal Encyclopedia). The authors compare the legal categories “ensuring” and “guaranteeing”, which are similar to “defense” and “protection”. According to the authors, ensuring human and civil rights and freedoms is the creation of guarantees for their protection and defense; the concept of “ensuring” is a system that unites all other concepts; “guaranteeing” is a set of all guarantees provided for by the legislation and having a similar subject of legal regulation.

defense, protection, ensuring, guaranteeing, guarantees, law enforcement, constitutional and legal norms, sectoral legislation, measures of state coercion, measures of protection, measures of liability

Vorobets A. A., Shokhova V. A. Defense and protection of human and civil rights and freedoms: the problem of correlation of concepts. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;2(67):231—235. DOI: 10.25683/VOLBI.2024.67.986.