Personal dignity as a priority of the creating state
DOI:
https://doi.org/10.17308/law/1995-5502/2023/1/41-52Keywords:
dignity, personality, state of creation, law, politics, protection, corruption, crime, criminalizationAbstract
The authors of the article substantiate the idea of a state of creation, in which the dignity of the individual acquires the status of a universally recognized and constitutionally determined phenomenon, normatively specified and allowing it to be protected by the state in the form of legislative, institutional and procedural guarantees. In their opinion, in modern Russia there is a certain gap between the level of development of legal science and the level of development of sectoral legislation, on which not only the state of state relations, but also the state of protection of a person and a citizen largely depends. A person's awareness of his own dignity often initiates opposition to injustice and an attempt to restore violated rights, so the history of the development of society is largely accompanied by a person's upholding of existing rights and freedoms. The phenomenon of the dignity of the individual in the state of creation, which is an alternative to corporate or autocratic state-legal regimes, promotes the interaction of institutions of morality and law. The right to dignity implies non-interference of the state in private affairs that do not contradict the current legislation, respect for the private life of a person, serves as a barrier to the creation in the state of a total regulation of the daily life of citizens, prohibiting any free thought. Historical experience shows that ignoring the right to dignity can lead to a situation where unlawful interference in the sphere of private life becomes the norm of the daily activities of the state apparatus, entails the formation of an atmosphere of legal arbitrariness. Respect for human dignity is formed in a civil society based on the principles of legality, justice, mutual responsibility between the state and the individual.









