Human rights institute: tendencies of the analytic-synthetic approach to the research

Author(s):  E.S. Panova, candidate of Sciences, The Russian Presidential Academy of National Economy and Public Administration the Central Russian Institute of Management, Орёл, Russia,

Yu.S. Vasyutin, Dr., Prof., The Russian Presidential Academy of National Economy and Public Administration, the Central Russian Institute of Management, Orel, Russia,

Issue:  Volume 43, № 4

Rubric:  Actual Problems of Legal Regulation

Annotation:  The article deals with the understanding of the essential features of the institute for human rights and freedoms in the light of the objective relationship of law, particularly, constitutional law, and policy. The necessity to study the human rights institute becomes actual under the influence of the processes of formation and development of a democratic rightful state, its interaction with a civil society. In this regard, the article focuses on the problem of the legal and political unity and diversity in the human rights institute. The close connection between the law and policy is caused by the fact that policy determines the direction and content of legal regulation; on the other hand, the policy and the entire system of the state administration represented by the government authorities and officials must also obey the legal norms and the language of law. From the point of view of the analysis/synthesis methodology, the authors identify a number of criteria for the correlation of legal and political aspects in the human rights institute. They are conceptual, axiological, activity-related, specific and practical. The article formulates a conclusion about the value content of the human rights institution handed down over generations.

Keywords:  state, civil society, human rights, freedom, analysis, synthesis, methodology.

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