Human Rights and Freedoms as a Means of Legal Limitation of State Power / Права и свободы человека как средство правового ограничения государственно власти

Abstract

In a modern democratic, legal and social state research devoted to the peculiarities of the legal restriction of state power is of fundamental importance. It should be noted, that in modern legal literature the concept of “legal limitation” is determined as a legal deterrence of an illegal act, creating conditions for satisfying the interests of the counter-subject and public interests [7, p. 85; 20]. It includes not only the barriers established in law, within which subjects must act, but also the prohibition of certain the activities of persons [3]. The importance of limiting state power cannot be overlooked, because without limiting it, it may suddenly become unregulated and unenforceable, serving the purpose of promoting individual and collective welfare. In modern legal literature, it has been repeatedly noted that state power can be limited by the rights and freedoms of a person and a citizen. Moreover, the spectrum of human rights and freedoms is not only a legal restriction of power, but also the basis of a system of “checks and balances”, thereby preventing excessive regulation or invasion of privacy by the state. For a more detailed consideration of this problem, it is necessary to reveal the essence of the concept of human rights.