Legal procedure and human rights

Abstract

The problem of modern law is the well-founded establishment of legal procedures in the field of human rights and their adequate legal regulation. Unreasonable complication of procedures, lack of clarity of their regulation in the law leads to weakening of opportunities for the realization of human rights and negatively affects the legal protection of a person in society. Procedures for the realization of individual human rights in a democratic society can become complex in favor of public safety, ensuring and protecting the rights and freedoms of other citizens. In particular, political rights and freedoms are important for individuals and for society as a whole, require taking into account the interests of various subjects and emphasize the need to coordinate these interests to prevent possible negative political consequences and violations of the rights and freedoms of other citizens. Human rights are directly related to the interests of both an individual and many other subjects. Therefore, there is a need for a comprehensive combination and coordination of various interests, since a different level of legal awareness and responsibility of an individual can cause adverse consequences, harm the rights and freedoms of other citizens. Therefore, human rights require a special implementation mechanism, which includes various types of implementation procedures (initiative, procedural and legal), and even special law-enforcement procedures (state registration procedure, permit-licensing procedure, representative procedure, and others), which increase and help ensure efficiency and the legality of the process of their implementation. Legal procedures for the realization of human rights in a democratic society must meet a number of requirements: be socially justified and comply with the principles of democracy and the supremacy of human rights; be sufficient and understandable for the subject; to be fixed at the level of law and to contain a minimum of restrictive and blanket norms that generate unnecessary by-law rule-making; not to create artificial obstacles to the exercise of rights during implementation; correspond to the content of the rights for which they are established; to be provided legally, organizationally, materially.