Constitutional-legal guarantees of the dignity of the individual in the creative state

Author(s):  E.E. Tonkov , Dr., Prof., Belgorod State National Research University, Belgorod, Russia,

L.A. Pozharova, candidate of Sciences, no, Belgorod State University, Belgorod, Russia,

S.S. Zakharov, Belgorod State University, Belgorod, Russia

Issue:  Volume 43, № 3

Rubric:  Actual Problems of Legal Regulation

Annotation:  The article shows that the creative state is based on a legally developed civil society, which is characterized by a humanistic ideology. The fundamental natural and legal ideas adapted to the modern structure of society contribute to the recognition of the state creating the dignity of the individual as the main value of all existing legal relations. In the state of creation, a dispositive personal approach is used, which implies equal partnership between the state and society. The individual has the opportunity to act as a full-fledged subject of law, and the state assumes the obligation to protect human dignity and ensure respect for the population. Equal opportunities to ensure the realization of human rights are an indicator of respect by the state for the dignity of the individual. The essence of the creative state is not in the preventive nature of legal restrictions, but in the possibility of stimulating the social and legal activity of the population in order to improve the welfare of society

Keywords:  state of creation, dignity of the individual, society, dispositive-personal approach, constitutional law, human rights, morality, law

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