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SUBJECTIVE HUMAN RIGHTS AND FREEDOMS AS A RESULT OF NATURAL-LEGAL AND POSITIVIST APPROACHES INTERACTION
PDF (Russian)

Keywords

ограничения прав и свобод
позитивистская теория права
права человека
свободы человека

How to Cite

Курчеев В., Крылов А. SUBJECTIVE HUMAN RIGHTS AND FREEDOMS AS A RESULT OF NATURAL-LEGAL AND POSITIVIST APPROACHES INTERACTION // Развитие территорий. 2018. Vol. 1, no. 4. P. 33–37. https://doi.org/10.32324/2412-8945-2018-4-33-37

Abstract

In the article the analysis of some approaches to define the limits of interaction between natural and positivist legal theories on how to determine the volume of subjective rights and freedoms of a person and a citizen is carried out. The views of domestic lawyers on the history of positivist theory formation and its influence on the possibility of realization of interests of an individual person are investigated. The result of the study was the conclusions about the influence of established boundaries of interaction of legal approaches on the contents and effectiveness of various branches of law, first and foremost, constitutional law. A correlation between the methodology of numerous approaches existing within the two main theories, with separate problems in the sphere of law-and-practice activity, is shown, in particular the descriptions of the principles of legal systems functioning in the conditions of civil society development.
PDF (Russian)