СПІВВІДНОШЕННЯ ПРАВ ЛЮДИНИ І ПРАВ НАРОДУ (НАЦІЇ) В КОНТЕКСТІ ВЕРХОВЕНСТВА ПРАВА

Abstract

The purpose of the author's research of the problem is to overcome the prevailing in science and political-legal practice of contradistinction of the individual human rights to the collective rights of the people, the nation. Critically analyzing the theoretical insolvency and practical futility of this approach, the author justifies an alternative solution of the problem. It presupposes the harmonization of the exercise of the individual rights with the collective rights of people as two parts of one social whole in accordance with the doctrine of the dual nature of truth. As a result, the author formulates the criteria for achieving such harmonization: the creation of social conditions for the formation of a majority of the middle class as a part of people's «qualitative personality» and a «qualitative people (nation)»; overcoming the tendency of bureaucratization of state and public life, undermining the rights and freedoms of individuals and nations alike; the observance of the rule of law by all entities of national law on the basis of unity during the exercise of their rights and obligations, without interferience with the rights and freedoms of other actors, both individual and collective; observance of the rule of law by all entities of international law on the basis of mutual respect and consensus regarding the civilizational and national characteristics of legal systems; оvercoming the tendency of a growing gap in the levels of development of countries and gradually equalizing the quality of their lives as the basis for harmonization the rights of people and the rights of peoples in a global scale.