but also, to some extent, freedom from such domination. Consequently, the formal and
legal study of the state in its legal structures of state relations should take into account
this fact, otherwise its conclusions will not correspond to the positive and legal data
that it operates, to satisfy the task of the correct construction of state-legal relations [8,
p.305 -307].
F. V. Taranovskyi, one of the well-known lawyers who worked for some time in
Ukraine, came across the policy of defining the essence of human rights. Although, it
should be noted that in this definition, he is more inclined to the positions of legal
positivism. But he noticed that determining the essence of subjective rights is possible
only with the parallel study of the social environment in which they are formed.
The highest level of right penetration to a state organization (that is, a law-
governed state) he defined as "the principled recognition of legal relations between the
state and subjects in the order of government and, on this basis, the establishment of
subjective public rights of citizens." Under "public subjective rights," he meant, rather
political in its essence rights, namely: the right to participate in power, the right to
freedom from power and the right to assist the authorities. That is, the criterion for the
classification of subjective rights lawyer chose the degree of freedom of the individual
from the influence and control of power. The authorities establish the legal precepts of
the behavior of each person, and violate them. Therefore, a person must have a certain
degree of freedom from power and pressure [7].
By the right to participate in the government means the electoral rights of citizens
and the right of electors from the population of state agencies. This right is similar to a
modern understanding of the political right of citizens to elections, in direct and
representative democracy. According to the scholar, the representation of the
population in the government, and especially its participation in the lawmaking
process, is simply necessary, because the authorities creating the law do not always
take into account the public interests, because in the process of exercising power,
sooner or later, have to deviate from the letter of law, so that not cause general
dissatisfaction with society. In order to prevent a social crisis citizens should be given
the opportunity to influence the lawmaking, which entails and strengthens the rule of
law.
F. V. Taranovskyi referred to the group of rights to freedom from power those
rights that the state should not interfere with: the freedom of religion, personal freedom
(freedom of movement and prevention of illegal arrest), the inviolability of housing,
the freedom and inviolability of private property, the secret of private correspondence,
freedom of occupation and crafts, freedom of speech, press, science, assembly and
unions. As we see from the list of rights below the classification of individual rights is
somewhat different from the current distribution of rights in the constitutional law.
However, nowadays some scientists - lawyers define it as conditional.
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