Limitation of Human Rights in the Interests of the State in Totalitarian States as a Manifestation of Legal Positivism
Abstract
Abstract. The problem of determining the limits of state power's interference in human rights is important for any time, especially when the need to unlawfully limit human rights in the state is justified by the achievement of a "noble" goal, and is imposed with the help of propaganda, terror and prohibitions. The purpose of this article. To analyze the reasons for establishing the power of totalitarian regimes, the principles of their functioning and the establishment of the idea of limitation human rights in the interests of the state on the example of Italy during the fascist regime and Germany during the Nazi regime. Research the legal regulation of the restriction of political, socio-economic rights, as well as the leveling of the principle of independence of the judiciary in such states and propose mechanisms that would make it impossible to establish totalitarian regimes. The dialectical method became the methodical basis. In the structure of methodological approaches, descriptive and historical methods are used, which helped to investigate in chronological order the process of establishment of totalitarian regimes and unlawful restriction of human rights. Research results. It was concluded that under totalitarian regimes, the regulation of relations in the field of human rights takes place from the point of view of protecting the interests of a separate group of people who are in power, and the mechanism of influencing people's consciousness is through ideological education and repression. Prevention of unlawful restriction of human rights is possible through effective mechanisms of democracy, primarily an independent court guided by the spirit of law, self-restraint of power, developed legal awareness, civil society, and quality education. The scientific novelty of the publication is the analysis of the transformation under the influence of the type of legal understanding chosen as a model of the political and legal system of the state from a relatively democratic to an inhumane totalitarian regime. Practical significance. Determination of the conditions and means that would make it impossible to transition from a democratic state, in which human rights are recognized as the highest value, to a totalitarian one.
Keywords: limitation of human rights; democracy, totalitarian system, fascism, Nazism, responsibility.
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