Limitation of Human Rights: Philosophic and Legal Aspect

Abstract

Abstract. The problem of illegal restrictions on human rights remains relevant despite numerous scientific studies on this issue, so it is important to find new ways to solve it, which would take into account the achievements of not only legal science, but also philosophy, psychology, sociology, etc. The purpose of the article is to analyze approaches to defining the content of the concept of restriction of human rights in the philosophical and legal context. The methodological basis of the research was the ontological approach, which allows determining the nature of individual rights, in particular their limitations, axiological, systemic and anthropological methods. The scientific novelty of the publication lies in the fact that it formulates problematic issues of defining the concept of restriction of human rights depending on the type of legal understanding and research methodology, it is proposed to apply the category "essence of law" when defining an unlawful restriction of human rights. The principle position when determining the legitimate restriction of human rights is the provision regarding the inviolability of the essence of a person's rights. The practical significance of the article lies in the fact that the study of the limitation of personal rights is aimed at preventing their unlawful limitation, forming a person's legal awareness. It has been proven that human freedom is not unlimited, and therefore, when solving the question of the limits of human rights, one should determine the nature of the concept of human rights. The proposition is argued, according to which the essence of human rights consists in defining a certain minimum universal human requirements for the legal and social status of a person, which is necessary for his normal existence

Keywords: limitation of human rights; essence of human rights; content and scope of human rights; public interests